GetMyMeal.com: Terms Of Service
This is an Agreement between you and GetMyMeal.com LLC, and this Agreement governs both your legal rights with regards to GetMyMeal.com LLC the business as well as your use of our Website (www.GetMyMeal.com). With exceptions as noted within this Agreement, it supersedes anything found on our Website or elsewhere. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
We may amend this Agreement at any time by posting the amended terms on our Website. We may post notices on the homepage of our Website when such changes occur. Such changes become effective in the time as specified in the notice.
For Customers, GetMyMeal.com LLC provides web services (Services) that allow you to make online orders from restaurants registered with our Website. Restaurants (Members), GetMyMeal.com LLC provides web services (Services) that allow you to receive online orders or even have a website created and hosted for you.
Our Website Content
You understand and agree that our Website, Services, and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website and related technologies other than what is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Law. You understand and agree that www.GetMyMeal.com, GetMyMeal.com LLC, and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.
By registering your account with www.GetMyMeal.com, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate, and complete. If you register, you can choose a user name and password; if you purchase as a guest, a temporary account will be assigned to you and you can register later if you so choose. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us if you believe that others are accessing your account. To protect yourself and GetMyMeal.com LLC, you understand and agree that you will not loan your user name and password to others.
GetMyMeal.com LLC is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3rd party applications, software, viruses, etc. as posted on our Website or caused by users of the Website, or in connection with the Services by third parties or by any of the equipment or programming associated with or utilized in our Website or Services. We use 3rd party billing services and HAVE NO CONTROL over these services and are not liable for their actions. In any event, you understand and agree that GetMyMeal.com LLC, its officers and employees, and its representatives will never be liable to you or any other related 3rd party for special, indirect, consequential, or punitive damages related to your use of our Website. Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. GetMyMeal.com LLC is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
GetMyMeal.com LLC may be temporarily unavailable from time to time for maintenance or other reasons. GetMyMeal.com LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GetMyMeal.com LLC is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website and/or Services, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will the GetMyMeal.com LLC be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Services, or any interactions between users of our Website, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GETMYMEAL.COM LLC AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. GETMYMEAL.COM LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND/OR SERVICES AND/OR ANY PLATFORM APPLICATIONS. GETMYMEAL.COM LLC DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON OUR WEBSITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE OR SERVICES, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE OR SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
GETMYMEAL.COM LLC AND OUR AFFILIATES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
IN NO EVENT WILL GETMYMEAL.COM LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE’S CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF GETMYMEAL.COM LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE GETMYMEAL.COM LLC’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO DATE FOR THE CURRENT CALENDAR YEAR, IF ANY, BY YOU TO GETMYMEAL.COM LLC FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
Waiver of Liability for Links to Other Websites
Our Website may contain links to other websites, including those of our Members. You understand and agree that GetMyMeal.com LLC has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that GetMyMeal.com LLC is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
Promotional Lists and Newsletters
You understand and agree that by using our Service, your name may be placed on promotional lists to receive emails regarding our Website, news from our affiliates, and the GetMyMeal.com LLC newsletter. If at any time you no longer wish to receive such emails, please visit the "Account Settings" section of our Website.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from GetMyMeal.com LLC or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Service. Furthermore, you understand and agree that GetMyMeal.com LLC is in no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Rules of Conduct While Using Our Website
As a user of our Website, you understand that content posted by our Members on their respective websites is the sole responsibility of the Member from which such content originated. This is true for both publicly and privately transmitted content. Members agree that they are solely responsible for all content that they post on their respective websites. GetMyMeal.com LLC does not endorse any specific Member.
As a Member of our website, if any content on your website is reported to GetMyMeal.com LLC, or at our sole discretion is determined to be, offensive or appropriate, we may ask you to retract the questionable content within 24 hours of being notified. Should the Member fail to meet such a request, GetMyMeal.com LLC has the sole discretion to immediately terminate their membership without notification to the Member. GetMyMeal.com LLC also has sole discretion to prohibit that Member from rejoining our Website again.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GetMyMeal.com LLC has adopted a policy of terminating or restricting the functionality of Members, who as determined by the appropriate circumstances and at our sole discretion, are deemed to be copyright infringers, repeat or otherwise.
You understand that you are solely responsible for your interactions with other users our Website, be they Members, Donors, or otherwise. GetMyMeal.com LLC reserves the right to monitor disputes between you and other users, as brought to our attention, but you understand that we are in no way obligated to do so.
Finally, all users of our Website understand and agree to the following rules of conduct while using our Website:
A. You agree to use our Website, its content, and our Services solely for the purposes expressed in this Agreement.
B. You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
C. You agree to not upload, post, or otherwise transmit any content to GetMyMeal.com LLC, our affiliates, our Website, or our Donor, Members, and other users:
1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
2. That you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party. You will not upload, post, or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4. That interferes with or disrupts the Services or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
5. That intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
6. That collects or stores personal data about other users, through programmatic or any other means.
7. That promotes or provides instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and or other weapons.
8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
9. That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
10. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose GetMyMeal.com LLC and its user community to any harm or liability.
D. You agree to not use automated scripts to collect information from or otherwise interact with the Services or our Website.
E. You agree to not use our Website or Services to “stalk” or otherwise harass another person, whether they are a user of our Website or not.
F. You agree to not harvest or collect email addresses or other contact information from users of our Website and Services for the purposes of sending unsolicited emails or other unsolicited communications.
G. For Members, you agree that while we do not claim ownership in any of your content, when you post such content to a website we have created for you, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on your website. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to GetMyMeal.com LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with your website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You may remove your content from your website at any time, and if you choose to do so, the license granted above will automatically expire, however you acknowledge that GetMyMeal.com LLC may retain archived copies of your content.
H. For Members, you agree that your interaction with our Website and use of our Services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between GetMyMeal.com LLC and you.
I. For Members, you agree to provide us with a valid, current email address, both at the time of registration with us, and to update us from time to time when your email changes.
J. For Members, you agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever without direct authorization from GetMyMeal.com LLC.
K. For Members, you agree to not attempt to use another Member’s account without direct authorization from GetMyMeal.com LLC.
L. For Members, you agree to not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity, without direct authorization from GetMyMeal.com LLC.
You agree to indemnify GetMyMeal.com LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or your use of our Website and Services.
Credit Card Charge-Backs
While we actively support fighting credit card fraud, GetMyMeal.com LLC has a zero-tolerance policy regarding credit card charge-backs. We ask that you contact us first if you have questions about a charge from GetMyMeal.com LLC. If you want to reverse such a charge, we will assist you in doing so. However if you start a charge-back process regarding such a purchase, GetMyMeal.com LLC will immediately terminate your account AND the credit card number you provided will be blacklisted in our systems. You can never again use that account and credit card with GetMyMeal.com LLC.
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website or GetMyMeal.com LLC, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Clearwater, FL, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and GetMyMeal.com LLC. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of Pinellas County in the State of Florida shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration does not apply to your violation of our copyright.
Choice of Law
You agree that the laws of Pinellas County in the State of Florida are to be used with regards to any interactions with our Website or GetMyMeal.com LLC.
Questions About This User Agreement
If you have a question about this User Agreement, please email our customer service department (support@GetMyMeal.com).