Last modified November 30, 2016.
Grubeasy is a FoodTech company with its place of business at 50 W. 40th Street, New York, NY 10018. It hosts the Site, which is a social networking platform that allows users to connect with people they know to discover trusted recipe/restaurant recommendations and also connect with food brands/restaurants to discover discounts and promotions. The Site also creates unique opportunities for food-focused businesses to connect and engage with their target customers on the platform. The Services create an engaging environment where users can connect with other users and also get information and support needed to achieve their nutritional goals. Grubeasy does not represent or endorse any particular individual, restaurant, business, brand, recipe, or content and the presence of an individual, restaurant, business, recipe, or content on the Services should not be seen as a recommendation or endorsement of any kind.
You must be at least 13 years old to register for and use the Services. You may only use the Services if you are permitted by law to enter into a binding legal agreement. Grubeasy reserves the right to restrict, suspend, or terminate a User’s access to the Services. If you have been previously banned from accessing the Services, you may not enter the Site or use the Services.
If you are a User who signs up for the Services, you will create a personalized account (“Account”) which includes a unique username and a password to access the Services and to receive messages from us. You agree to keep this information secure and not share it with third parties and to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
If you decide to sign up via Facebook, you are responsible for ensuring that your registration information is updated with Grubeasy in order to continue to use the Services.
We reserve the right to modify, suspend, interrupt, or terminate the Services at any time, without prior notification to you. We will not be held liable for any inconvenience or damage such actions have on you.
You are permitted to use the Services and the Site subject to these Terms, and any acts, omissions, or encouragement to others to act or omit to act in opposition to these Terms is a violation.
We reserve the right to terminate your access to and use of the Services for any reason, including but not limited to your violation of these Terms, without prior notice to you. We will not be held liable for any inconvenience or damage you may suffer as a result of such termination.
Upon termination, your ability to access or use the Site or Services will immediately cease. However, such termination does not relieve you of any obligations or promises made by you while using the Site or Services, whether made to us or to other users. Upon termination, those provisions that should survive termination will, including but not limited to disclaimers of warranty, limited liability, indemnification, and intellectual property protection.
Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
This list is not exhaustive of prohibited behaviors, and we reserve the right, at our sole discretion, to take action against behaviors that are not contained in this list. We also reserve the right to enforce these rules, including but not limited to removing material that reflects the aforementioned activities, suspending an Account, terminating an Account, or removing content. Grubeasy, however, does not have a duty or obligation to act against these types of behavior. Please promptly notify us at firstname.lastname@example.org if you see any of this behavior taking place.
When you create an Account, you are permitted to submit user content (“User Content”). User Content is defined as, but not limited to, written posts, replies, comments, photos, videos, images, graphics, and reviews that are posted, submitted, transmitted, or otherwise made available via the Services by users. Grubeasy does not create, endorse, or support such content, and is not responsible for the User Content that is posted, uploaded, linked to or otherwise made available via the Services. You agree that we are only acting as a passive conduit for this online distribution and publication of User Content. Grubeasy, however, reserves the right to remove any User Content from the Services at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User content while using the Services, you agree as follows:
You understand and agree that you will not hold Grubeasy responsible for any liability, loss or damage you incur as a result of or related to User Content that you (1) make available , (2) access, or (3) use. You post, use, and access User Content at your own risk. Grubeasy does not control and is not responsible for other users’ or third parties’ use of your User Content, including but not limited to its display, reproduction, modification, derivatives, or performance. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
Opinions, advice, statements, advertisements, offers, feedback, reviews, articles, comments, tips, blog posts, reviews, challenges, contracts, agreements, understandings, promises, or other information or content made available through the Services (“Statements”) by other users or third parties, but not directly and explicitly by Grubeasy, are not created, endorsed, or supported by us, nor do they reflect our opinion or experience. Such Statements are those of their respective authors, and you rely on them at your own risk. Grubeasy does not guarantee the accuracy, completeness, usefulness, safety, value, or truth of Statements made on the Services and neither do we adopt nor endorse, nor is Grubeasy responsible for, the accuracy or reliability of any opinion, advice, or statement made by individuals or entities other than Grubeasy. You agree that Grubeasy will not be held liable for any Statements are made by other users and third parties, and that we will not be held responsible for any loss or damage resulting from your reliance on Statements posted on the Services or transmitted to other users. Statements also include online challenges, and we advise that you receive clearance from your doctor before entering such challenges.
As part of the Services, we, and other Users may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content, applications, software, or other items belonging to or originating from third parties (“Third Party Content”). Third Party Sites and Third Party Content (collectively “Third Party Products”) are provided as a courtesy to users of the Services. Grubeasy did not create nor endorse, certify, or control Third Party Products or the promotions, materials, information, goods or services available with such products. Such Third Party Products are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Products posted on, made available through or installed from the Site or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Products. Inclusion of, linking to, or permitting the use or installation of any Third Party Products does not imply approval or endorsement thereof by us. If you leave the Site and access Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable terms and policies for those websites, including privacy and data gathering practices, of any Third Party Sites to which you navigate from the Site or relating to any Third Party Content you use or install from the Site.
Restaurant Users (“Restaurant Users”) pay a subscription fee of (“Subscription Fee”). This Subscription Fee allows Restaurant Users to promote their business, connect with customers and potential customers, and share discounts and promotions.
Restaurant Users must be a properly formed restaurant, and Grubeasy reserves the right to terminate or suspend the account of a User that is using the Services as a User instead of a Restaurant User, and charge such User all of or part of the Subscription Fee.
Brand Users (“Brand Users”) may use the Services to share coupons with Users as target customers, promote giveaways and contests, share recipes on how their products can be used, and receive customer feedback on products.
Restaurant and Brand Users agree to make available promotions and coupons that are accurate and that they intend to honor. Any offers to Users made by Restaurant and Brand Users are made solely by those Users, and not by Grubeasy. We will not be held responsible for any problems or issues with a Restaurant User’s promotions and coupons.
Restaurant Users agree to use the Services in accordance with these Terms, and not post content, including promotions, coupons, recipes, content, or challenges that are false, inaccurate, fraudulent, misleading, or dangerous. Grubeasy disclaims all liability from all damage, loss, injury, or death due to statements, content, or behavior from Restaurant Users.
All Users, including ordinary Users, Restaurant Users, and Brand Users understand that all Statements made by other Users, including reviews and feedback on products and services endorsed by Users, are the opinion of the Users, and not of Grubeasy, and we disclaim all liability from any damage that may result as a result of such reviews and feedback, including but not limited to loss of business income or reputation.
(a) Termination of Repeat Infringer Accounts. Grubeasy respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. § 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. We may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any User Content or material provided on the Services infringe upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C § 512) (“DMCA”) by sending the following information in writing to Grubeasy’s designated copyright agent (“DMCA Agent”) at:
ATTN: Julia Olayanju Grubeasy Inc. 50 W 40th Street New York, NY 10018 Email: email@example.com
(c) Counter-Notices. If you believe that your User Content or material that has been removed from the Site is not infringing, or that you have the authorization from the copyright holder, the copyright holder's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our DMCA Agent using the contact information set forth above:
If a counter-notice is received by our DMCA Agent, we may send a copy of the counter-notice to the original complaining party. If after ten (10) business days, the person who sent the DMCA has not taken legal action, we will inform the party who was alleged to have been infringing that it may repost the r work or material that was removed.
By posting any User Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Grubeasy a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of operation, improvement, promotion, or advertising of the Services.
All Grubeasy’s content on the Site and Services are the sole property of Grubeasy and its licensors. This includes, but is not limited to, copyrights, trademarks, service marks, trade secrets, trade names, trade dress, patents, newsletters, interactive features, videos, graphics, website layout, computer code, articles, blogs, promotions, and campaigns (“Grubeasy Content”). Through your use of the Site and Services, Grubeasy grants you a revocable, nonexclusive, nontransferable, non-sublicensable, worldwide license to display our content for purposes of the Services. You many not use, sell, reproduce, distribute, modify, display publicly perform, or prepare derivative works of Grubeasy Content for any other purpose, including a commercial purpose, without our consent, except in the case of a display or reproduction that is connected to your use of the Services. In such case, proprietary notices must be put in place, but we reserve the right to object to any use of Grubeasy Content by Users.
Third Party content and products that are mentioned on the Site and in the Services are not owned by Grubeasy, and we cannot grant rights in such content and products. We reserve all rights that are not expressly granted to you under these Terms.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Grubeasy or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.
We may also use your email address, to send you other messages, including information about Grubeasy and special offers. You may opt out of such email by changing your account settings or sending an email firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding the Grubeasy or special offers.
You agree to indemnify, defend, and hold harmless Grubeasy, our owners, employees, interns, agents, licensors, suppliers, and affiliates, from any claim, action, suit, costs, demand, or expense, including reasonable attorneys’ fees and costs, made by you or any third party due to or arising out of or relating to your use of the Site or Services; your violation of any law or the rights of a third party; any breach by you of these Terms; or your acts, errors, or omissions, whether negligent or intentional, with respect to the subject matter of these Terms.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR USE, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GRUBEASY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS OR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE, WARRANT, OR REPRESENT THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITE OR ITS SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS THE TERMINATION AND DISCONTINUATION OF ACCESS TO THE SERVICES.
WE, INCLUDING OUR AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS, DISCLAIM ANY LIABILITY FOR ANY AND ALL (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GRUBEASY OR ANY OTHER USER OF THE SERVICE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACTS, TORT, NEGLIGENCE STRICT LIABILIYT, OR ANY OTHER BASIS, EVEN IF GRUBEASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND.
IN CALCULATING THE MAXIMUM AGGREGATE LIABILITY FOR YOUR LOSSES OR DAMAGES THAT YOU MIGHT SUFFER AS RESULT OF YOUR USE OF THE SERVICES, YOUR RECOVERY IS LIMITED TO THE LESSER OF (1) THE AMOUNT YOU PAID, IF ANY, TO GRUBEASY FOR USE OF THE SERVICES FOR THE THREE (3) MONTHS PRECEDING THE ACTION GIVING RISE TO LIABILITY, OR (2) $10.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that any cause of action related to or arising out of your relationship with Grubeasy must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of these Terms is held invalid or unenforceable in a judicial proceeding, that portion of the Terms will be severed and become inoperative, and the remaining portions of the Terms will remain in full force and binding. Any failure on the part of Grubeasy to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Upon termination, those provisions that should survive termination will, including but not limited to disclaimers of warranty, limited liability, indemnification, and intellectual property protection. These terms will inure to Grubeasy’s successors and assigns. All modifications to these Terms must be in writing and signed by both parties.