Disclaimer
1. Definitions
In the terms and conditions that follow, the terms “we,” “us” and “our” will refer to Eat Inc. “Terms” refer to the terms contained in this Agreement. “User” will be used to describe you and any other person who visits the Site, including any person who asks or answers questions on the Tip Compliance section of this Site.
2. Acceptance
By using the Site in any way, you are agreeing to comply with and be bound by the following Terms and any related “Agreements” (which include, without limitation, the Privacy Policy, our Tip Compliance Disclaimer, if applicable to you, and all rules or policies posted on the Site). Please review the following Terms carefully. You must be at least 18 years old to use this Site. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Site.
Your acceptance of these Terms is signified by checking the “I Agree” box. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18.
You have the right to have a record of these Terms and any related Agreement you enter into with Tip Compliance made available on paper form upon request for no additional fee. Simply e-mail .
3. Right of Modification
We reserve the right to change, revise or modify the Terms or any of the related Agreements at any time by posting the amended terms on the Site. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site.
All amended terms shall automatically be effective upon posting. Your continued use of the Site will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Site.
We reserve the right, in its sole discretion, to modify or discontinue the Site, for any reason, without notice.
4. Restricted Activities
Any content provided by you on the site (including any questions asked or answered) and your use of the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive or promote competition with us (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (i) use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of the Site; (j) impose an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of the Site or damages or disrupt the functioning of the Site; or (l) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
You may not consummate any transaction that was initiated using the Site that could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our Site or its services without our prior consent.
We reserve the right, but are not obligated, to remove any content that we believe violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.
Any conduct by you that, in our opinion, restricts or inhibits any other User from using or enjoying this Site will not be permitted.
In addition, without limiting any other remedies, we may suspend or terminate your use of the Site if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with us.
5. No Approval of Taxing Authority; U.S. Treasury Department Circular 230 Disclosure
You acknowledge that neither the IRS nor any state taxing authority has approved or disapproved of the Site, or passed upon the adequacy or accuracy of the content thereof.
Any statements regarding tax matters included on the Site cannot be relied upon by any person to avoid tax penalties and are not intended to be used or referred to in any marketing or promotional materials.
6. Identity Verification; Information Control
Because User verification on the Internet is difficult, we cannot and do not confirm each User’s purported identity.
We do not control the information provided by Users that is made available through the Site. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of Users on the Site.
7. Exclusion of Warranties
We cannot and we do not warrant the completeness or accuracy of the content found on the Site or its usefulness for any particular purpose. We makes no promises that our content or any of the services provided on the Site will be delivered to you uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available, are free of viruses or other harmful components. We do not warrant or represent that the use, or the results of the use, of the materials available through the Site from third parties or a linked site will be correct, accurate, timely, reliable or otherwise. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site, from third parties (such as other Users) or a linked site, or your reliance on any information, product or service obtained from a third party or a linked site.
In short, we are not making any promises or warranties except that we will make every effort to provide interesting and helpful information. No information, whether oral or written, obtained by you from us through the Site will create any other warranty, representation or guarantee.
You agree that under no circumstances will we, or our parents, subsidiaries, officers, directors, employees or agents, be liable for direct, indirect, special, incidental, consequential or any other type of damages (including lost profits or loss of business) resulting from your use or downloading of any material on the Site, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence in creating or providing the Site or by forces beyond our control. The Site, and the information included on the Site, would not be provided without such limitations.
You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including without limitation any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.
By visiting the Site, you are agreeing that you bear responsibility for your own financial research and tax decisions. You also agree that neither we, nor our parents, subsidiaries, officers, directors, employees or agents, will be liable for any tax decision made or action taken by you and others based upon reliance on news, information, opinion or any other material published through the Site. We cannot and will not take responsibility, or make any claims or representations, for the accuracy, completeness, or even the truth of the information and opinions provided on the Site. All information and content provided on the Site is to be used on an “as is” “we could be wrong” basis.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN FROM THE USE OF THE SITE WILL MEET YOUR EXPECTATIONS AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO OUR SITE, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Communication
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site. You may request that we provide such notices to you via e-mail or in paper format, by writing to .
9. Indemnification
You agree to indemnify, defend and hold us, any and all of our parents, subsidiaries, officers, directors, employees and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site. We will provide you reasonable notice of such claim.
10. No Endorsement of Third Parties; No Relationship with Users
We may endeavor to offer to our Users products and services offered by third parties. Placement of information, logos, links or names of such third parties on the Site does not constitute an endorsement or warranty of these entities, their products or services. You agree to take full responsibility for your decision to visit or patronize any such entity and to hold us harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and us or between any User and us by formation of this Agreement or by your participation on the site.
11. Proprietary Rights of Content
All of the content on the Site (e.g., information, mode of expression, or other materials and services found on the Site) is protected by U.S. and international copyright laws and is the property of us and/or the providers of the content under license. This includes message boards, blogs, chats, software, our writings, graphics, and any and all other features.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Site, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner.
You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You may make one copy of the content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 2008 Eat, Inc. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our content is prohibited without our prior written permission. That means you may not republish, post, transmit or distribute the content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from our content for use on another website or service.
You agree not to display any of our trademarks or use them in any manner without our express written permission.
You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by us. In addition, you agree that any materials or ideas submitted via the Site will not be considered confidential and may be used by us, in our sole discretion, without any obligation to compensate you and without any obligation to return any submitted materials. When you post content, you are not giving up your rights to your work, but rather are agreeing that we have an unlimited and perpetual license to republish anything you post on the Site. You still retain the right to use your words however you want. If you don’t want us to republish your words, then please don’t post them on the Site. If we republish your post, we will credit you (under your User name) as author (unless we’re using small quotations).
Please read the “What We Own (and Don’t)” page, which is incorporated by reference.
12. Press Release Information
The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
13. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us regarding the use of the Site and the services provided. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any of our employees or agents and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and we agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be governed by, and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of New Jersey, and agrees that venue for any action resulting from this Agreement or the use of the Sites shall be in Mercer County, New Jersey and waives any and all jurisdictional, venue or inconvenient forum objections.
