Terms of Service
THIS FOLLOWING TERMS OF SERVICE (THE “TERMS OF SERVICE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR OF THIS WEBSITE, Online Food Checkout. (HEREAFTER, “Online Food Checkout,” “WE,” “US” OR “OUR”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO ALL Online Food Checkout WEBSITES AND ANY AFFILIATED WEBSITES AND SUB-DOMAINS (COLLECTIVELY REFERRED TO HEREAFTER AS, THE “WEBSITE”). BY USING OR ACCESSING THE WEBSITE, AND ANY SERVICES OFFERED THROUGH THE WEBSITE OR AFFILIATED WEBSITES AND SUB-DOMAINS (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR SERVICES.
THE TERMS OF SERVICE ARE INTENDED FOR ALL USERS OF THE WEBSITE AND SERVICES, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT AND THOSE WHO PURCHASE PRODUCTS/SERVICES FROM THE WEBSITE. HOWEVER, DIFFERENT SECTIONS OF THE WEBSITE, SERVICES, TERMS OF SERVICE AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
2. Amendments to the Terms of Service. Online Food Checkout reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. Any such modifications shall become effective immediately upon the posting thereof. It your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.
3.1 Account Registration. As a condition of your use of certain Services, you may be required to register an account with Online Food Checkout and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.)
3.2 Account Security. As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and are fully responsible for all activities that occur thereunder. You agree not to share your username and passwords, let anyone else access your username or passwords or do anything else that might jeopardize the security of your username or passwords. You agree to notify Online Food Checkout if there is any unauthorized use of your username or password on this Site or if you know of any other breach of security in relation to this Site. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
3.3 Registration via Outside Account. You can also register an account with Online Food Checkout by logging into the Website via your account with certain third party websites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). In so doing, you are providing your Outside Account login information to Online Food Checkout and allowing Online Food Checkout to access your Outside Account as is permitted under the applicable terms and conditions that govern your use of each Outside Account. In so doing, you represent that you are entitled to disclose your Outside Account login information to Online Food Checkout and/or grant Online Food Checkout access to your Outside Account, without breach by you of any of the terms and conditions that govern your use of the applicable Outside Account and without obligating Online Food Checkout to pay any fees or making Online Food Checkout subject to any usage limitations imposed by such third party websites.
3.4 Minimum Age. The Website and Services are intended solely for persons who are 13 years of age or older. Any access to or use of the Website or Services by anyone under 13 years of age is expressly prohibited. Minors between the ages of 13 and 18 are required to obtain their parent’s permission before using the Website or Services. By accessing or using the Website or Services, you represent and warrant that you are 13 years old or older, and if you are between 13 and 18 years old, you also hereby represent and warrant that you have obtained your parent’s permission to use the Website and/or the Services.
4. Use of the Website/Services by All Users:
4.1 Limited License. By agreeing to the Terms of Service, Online Food Checkout grants you a limited license to access and use the Website and Services for your personal use only. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial or any other non-personal purpose any content accessible via the Website or Services without the express written consent of Online Food Checkout. Online Food Checkout retains the right to determine whether or not your use of the Website or Services is consistent with the Terms of Service. We may suspend, restrict or terminate your use of the Website or Services and to refuse any future use of all or portions of the Website or Services if your use breaches or fails to comply with any of the Terms of Service.
4.2 Prohibited Use of the Website/Services. In consideration of being allowed to use the Website and Services (or any portion thereof), you agree that the following actions, without limitation, shall constitute a material breach of the Terms of Service:
4.2.1 Transmitting material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others.
4.2.2 Transmitting content that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by Online Food Checkout in its sole discretion.
4.2.3 Using the Website or Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
4.2.4 Collecting information about others, including e-mail addresses.
4.2.5 Interfering with or damaging the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
4.2.6 Posting any materials or otherwise engaging in conduct at the Website in violation of any applicable local, state, national, or international law or regulation.
4.2.7 Using the Website or Services for any commercial or competitive purpose whatsoever without express, written permission from Online Food Checkout.
4.2.8 Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or Services or any portion thereof, without the express, written consent of the Online Food Checkout.
4.2.9 Taking any action with respect to the Website or Services which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, the Web Site, any of the Services or the best interests of Online Food Checkout’s business operations.
4.2.10 Assisting any other party in doing or engaging in any of the foregoing conduct.
4.3 Termination of Use. Online Food Checkout expressly reserves the right, in its sole discretion, to terminate a user’s access to the Website or Services or any portion thereof due to any act that would constitute a violation of the Terms of Service. In addition to violating the Terms of Service, the foregoing actions on your part, or on behalf of any entity you are employed or otherwise acting as an agent for, involving intentional, unauthorized access of a protected computer or user accounts, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
4.4 DISCLAIMER. THE WEBSITE (AND ITS CONTENTS) AND SERVICES ARE 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 OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY THIRD PARTY WEB SITES YOU MAY ACCESS FROM THE WEBSITE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Online Food Checkout OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC THIRD PARTY PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY Online Food Checkout, UNLESS EXPLICITLY STATED OTHERWISE.
5. Taxes. You are solely responsible for complying with all applicable tax laws and regulations related to your use of the Website and Services.
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
Online Food Checkout collects sales tax in states where we have physical presence (or nexus) – New Jersey. Online Food Checkout does not collect sales tax in any state not listed above because Online Food Checkout is not required to collect sales or use tax in these states.
6. Copyright Infringement Notice. All users of the Website represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material on our site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A User who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:
• a physical or electronic signature of the copyright owner or a person authorized to act on detailed identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of their behalf;
• your contact information, including your address, telephone number, and an email a statement by you that you have a good faith belief that use of the material in the a statement that the information in the notification is accurate, and, under penalty of Copyright Infringement Notifications should be emailed to firstname.lastname@example.org.
7. Termination. Online Food Checkout reserves the right to terminate your account and access to the Website and Services at any time. Termination by Online Food Checkout shall include removal of access to all Services, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and other steps intended to bar your further use of the Website or Services.
8. Modification, Limitation and Discontinuance of Website/Services. Online Food Checkout reserves the right at any time to limit access to, modify, change or discontinue any aspect of the Website or Services with or without notice to you. In no event will Online Food Checkout be liable to you for any such modification, suspension or discontinuance of the Website or Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that Online Food Checkout will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Website or Services.
9. Intellectual Property. Except where expressly stated otherwise, Online Food Checkout is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Services. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; address; manner complained of is not authorized by the copyright owner, its agent, or the law; and perjury, that you are authorized to act on behalf of the copyright owner.
Any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on the Website may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms of Service are expressly reserved by us.
10. DISCLAIMER: ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Online Food Checkout ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICES. Online Food Checkout EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES AND THE WEBSITE IS AT YOUR OWN RISK. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.
11. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Online Food Checkout, OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $100.00. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Online Food Checkout WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Online Food Checkout HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY Online Food Checkout OR OUR FAILURE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
12. INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless Online Food Checkout, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of the Terms of Service by you; (b) the Content or other information provided by you to Online Food Checkout or that you submit, transmit or otherwise make available through the Website or Services; (c) your use of the Website or Services; or (d) any violation of any rights of another or harm you may have caused to another. Online Food Checkout shall retain sole control of the defense of any such damage or claim.
13. Notice. You agree that Online Food Checkout may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Online Food Checkout will be provided by sending: (i) an email to email@example.com. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
14. Entire Agreement. This Agreement governs your use of the Website and Services and constitutes the entire agreement between you and Online Food Checkout. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Online Food Checkout regarding the subject matter contained in this Agreement.
15. Miscellaneous. You may not assign these Terms & Conditions without the prior written approval of Online Food Checkout. Any purported assignment in violation of this section shall be void. Online Food Checkout reserves the right to use third party providers in the provision of the Website and Service. In the event of any controversy or dispute arising out of or in connection with these Terms of Service, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable fees and expenses. Any and all rights not expressly granted herein are reserved by Online Food Checkout.
16. Contact Us. Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website or Services. You may contact us at: firstname.lastname@example.org