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.
Your Privacy
GetMyMeal.com LLC is committed to your
privacy. For questions regarding how we handle your personal information,
please refer to our online Privacy
Policy.
Our Services
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.
Account
Registration
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.
Liability
Disclaimer
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.
Indemnification
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).