WELCOME TO FOODY®!

Thanks for using our products and services (“Services”). The Services are provided by Foody®, Inc., located at Fairfax, VA, United States.

Please read these TERMS OF USE (“Terms”) carefully. Your access to and/or use of the Services (as defined below) constitutes your legally binding agreement to be bound by these Terms. These Terms Contain A Mandatory Arbitration Clause and A Waiver of Class Action Clause.

The use of the website (the “Web Site”) is subject to the terms and conditions stated herein and to the terms set by the Site Owner (Foody®, Inc.) located at www.foodypizza.com. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. FOODY® Sites, FOODY® Sites Network, WinTotal, InterFlood, and Pocket Total are among the products owned by FOODY®. The website has several features including descriptions of our activities. The website also gives you the opportunity to provide direct support to Foody® via online donations, subscriptions, membership, rewards program to browse our postings. We encourage you to read this statement in its entirety as it sets forth our mutual understanding when you visit our website.

Throughout this statement of policies and agreements, you will see the terms “FOODY®,” Foody, Inc.,” Foody®” “we,” “our,” and “us” – these terms refer to Foody®, a USA based global restaurant. You will also see the terms “you,” “your,” and “yours” – these terms refer to visitors and users of Foody Website.

These Terms govern your use of the websites, applications and software operated by Foody®, Inc. (“Company”, “we”, “us” or “our”), publisher of the Foody®, to which these Terms are linked or referenced to, including all content, features, and functionality, and related services such as emails, newsletters, sweepstakes and promotions (collectively, the “Services”). These Terms apply whether you are accessing the Services via a personal computer, wireless, iPad, Tablet or mobile device, or any other technology or device (each, a “Device”). These Terms do not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party unless specifically stated. If you do not agree to these Terms, do not access or use the Services.

These Terms apply to all users of the Services, whether or not you have registered for one or more of the Services, and by using the Services you agree to comply with these Terms and any additional terms and conditions that we provide to you in connection with your use of or access to same (“Additional Terms”). The Services may also provide rules of participation for certain activities within the Services, including, without limitation, contests, sweepstakes, and other initiatives (“Rules”). The Privacy Policy, the Additional Terms, and the Rules together form a part of these Terms.

Foody® reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services; charge fees in connection with the Services; modify and/or waive any fees charged in connection with the Services; and/or make available opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.

1. TERM: These Terms shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Company may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. These Terms shall continue to apply to your previous access and/or use of the Services after any such termination.
2. MODIFICATIONS: We may modify these Terms from time to time and at any time in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you. The Last Updated legend at the top of this page indicates when these Terms were last revised.
3. ELIGIBILITY; COMPLIANCE: Use of the Services is limited to users 13 years of age and older. By using the Services, you represent and warrant that (a) you are 13 years of age or older and (b) your use of the Services does not violate any applicable law, rule or regulation. Certain features of the Services may be subject to heightened age and/or other eligibility requirements. If you provide information that is untrue, inaccurate, not current or incomplete, or Company suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you. The company is based in the United States and the Services are provided from the United States. The company makes no representation or warranty that the Services or the Content (as defined herein) are appropriate or available for use in other locations. If you use the Services from a jurisdiction other than the United States, you agree to do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Services.
4. USER REGISTRATION: In order to access and use certain content, features, or functionality of the Services, we may require that you register for the applicable Services and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, legal name, country of residence, zip code, etc., and, for fee-based transactions and purchases offered by us, your physical address, telephone number(s), applicable payment data and information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Company of any unauthorized use of your User Credentials or User Account or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this
5. PERSONAL INFORMATION: We respect your privacy and the use and protection of your personal information. In the course of your use of the Services, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of personal information.
6. PAYMENT, PRICING, AND RELATED TERMS: You must be 18 years of age or older to make any purchase (e.g., subscriptions, one-time purchases, etc.) of the Services, Content (as defined herein) or any other product or service offered through the Services by us. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases that are made using your User Account(s) or other information you supply to us via an authorized payment method at the time of purchase. Company or its designees reserves the right to change any and all prices for any Services and Content, for any reason. Purchases may be governed by Additional Terms. Purchases may also be controlled, handled, processed and/or fulfilled by third parties not affiliated with Company (a “Third-Party Processor”). Where a Third-Party Processor is responsible for controlling, handling, processing or fulfilling a purchase, all payment and other obligations regarding such purchase may be governed by the terms of use/service and privacy policy(is) of the Third-Party Processor. Accordingly, you should familiarize yourself with the applicable terms and policies imposed by any Third-Party Processor. The company makes no warranty, and accepts no liability for loss or damage whatsoever, relating to purchases with a Third-Party Processor and you are solely responsible for any and all transactions utilizing your information (personal, financial or otherwise) with a Third-Party Processor, including, but not limited to any and all fees and charges. Moreover, you acknowledge and agree that in the event a Third-Party Processor experiences a data breach that affects your information (personal, financial or otherwise), Company will in no way be liable or responsible to you for such breach.
7. ORDER FULFILLMENT

When you place an order through our Sites, FOODY® will send you an order acknowledgment to the email address you provide. We reserve the right to refuse or cancel any orders for any reason, including pricing errors as described, and whether or not the order has been confirmed. Without limitation of the foregoing, FOODY® is not responsible for any inability to fulfill orders. If your payment card has already been charged for the purchase and we cancel your order, we will issue a credit to your payment card account in the amount charged.

8. PROPRIETARY RIGHTS:

8.1 As between you and Company, Company owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available through the Services (“Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

8.2 The Services are to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by Company and set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, frame, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, any Content without the express, prior written consent of Company or its owner if Company is not the owner. Requests for permission to reproduce or use any of the Content can be made by contacting Company in writing at:

Foody®, Inc.

Attn: Permissions Department

12105 Wedgeway Pl

Fairfax, VA 22033

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce the same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 10 below. You further agree to abide by exclusionary protocols (e.g., Robots.txt) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use of or access to the Services.

9. USER CONDUCT: You are solely responsible for your conduct in connection with the Services. We want to keep the Services enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. While using the Services, you will not:

(a) engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

(b) submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(c) submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

(d) engage in or encourage conduct that affects adversely or reflect negatively on Company, its affiliates, or parent company, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;

(e) submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(f) use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or service;

(g) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;

(h) impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;

(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;

(j) solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or

(k) modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so.

The company assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time Company chooses in its sole discretion to monitor the Services, Company nonetheless assumes no responsibility for User Postings (as defined herein), assumes no obligation to modify or remove any User Postings, and assumes no responsibility for the conduct of any user. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates, or is suspected of violating, this Section 8, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Company may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce these Terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Company, users or any third parties including acting in urgent circumstances.

The company assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time Company chooses in its sole discretion to monitor the Services, Company nonetheless assumes no responsibility for User Postings (as defined herein), assumes no obligation to modify or remove any User Postings, and assumes no responsibility for the conduct of any user. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates, or is suspected of violating, this Section 8, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Company may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce these Terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Company, users or any third parties including acting in urgent circumstances.

10. USER POSTINGS:

10.1 The Services may provide you and other users with an opportunity to participate in blogs, forums and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”). You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of Company, its affiliates or parent company, and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Company does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall Company be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

10.2 The Services, including, without limitation, all User Posting features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that Company shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating these Terms, including, without limitation, Section 8 herein, or is deemed to be unacceptable to Company, as determined in Company’s sole discretion.

10.3 In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Company the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Company, in our sole discretion. For the avoidance of doubt, the rights, licenses, and privileges described in these Terms and granted to Company shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.

10.4 The Company does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses, and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate these Terms, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into these Terms and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

11. COPYRIGHT AND OWNERSHIP OF INTELLECTUAL PROPERTY

11.1. The Services and the works of authorship contained in this Web Site (including, but not limited to, design, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of The United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by Foody® or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by The Foody® in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the content for your own personal use as follows: you may make one machine-readable copy and/or print copy that is limited to occasional articles of personal interest only. To obtain written consent to use a copyrighted work, please contact us at info@foodypizza.com.

11.2. Digital Millennium Copyright Act: Just as The Foody® requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
• Identification of the material that is claimed to be infringing or to be the subject of 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;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Foody®, Inc.

Copyright Agent

12114 Wedgeway Pl

Fairfax, VA 22033

Email Address of Designated Agent: info@foodypizza.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Company customer service by sending an email to info@foodypizza.com. The Company has a policy of terminating repeat infringers’ access to its Services in appropriate circumstances.

11.3. Trade and Service Mark Rights:

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Foody® or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of The Foody®, its affiliates, or any third party.

12. CERTAIN SERVICES TERMS AND REQUIREMENTS:

12.1 Availability: You acknowledge that Company licenses some or all of the Content under agreement from third parties and that Company may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Services, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Services to the same extent, or at all, as prior to such change or discontinuation, and (b) that Company shall have no obligation or liability to you in such case. In no event shall Company be liable for the removal of, or disabling of access to, any Content, the Services, materials or any features or portions of the Services. The company may also impose limits on the use of or access to certain features or portions of the Content or the Services, in any case, and without notice or liability to you.

12.2 Device Requirements and Terms: In order to access and use the Services and the Content, you may be required to use Device(s) and other technology meeting certain system, configuration and other requirements established by Company, its content partners, licensors and other third parties (e.g., storefront, network, website, platform and other operators, etc.) (collectively, “Operators”), and you are responsible for ensuring that your Device(s) and other technology meet all such requirements at all times and prior to any purchase or order on or in connection with the Services. In addition, you are responsible for any data access, messaging and other service rates and charges you may incur in connection with your Device and/or use of the Services.

12.3 Usage Rules: Certain Content and Services (in whole or in part) may be accompanied by technology and/or other restrictions (e.g., digital rights management technology) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such Content and Services in accordance with certain rules and restrictions established by Company and/or Operators (“Usage Rules”). You agree to comply with such Usage Rules at all times, and shall not violate or attempt to violate any security components thereof. You further acknowledge and agree that the Usage Rules may be controlled and monitored by Company and/or its designees for compliance purposes, and Company reserves the right to enforce the Usage Rules with or without notice to you.

12.4 Software License Grant and Restrictions on Use: Any software available in connection with the Services is subject to the United States export control laws. No such software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Furthermore, any software is licensed, not sold, to users. Subject to these Terms, Company agrees to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to install and/or use the software on a single device that you own or control, provided that your installation and/or use of the software is solely (a) for your own personal use; and (b) in accordance with the restrictions and limitations set forth in these Terms. Without limiting the generality of the foregoing, you shall not: (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer the software or any portion thereof; (b) make copies of the software or any portion thereof; (c) reverse engineer, decompile or disassemble any portion of the software; (d) create derivative works of or from the software or any portion thereof; (e) incorporate the software or any portion thereof, into any product or service; (f) use the software or any portion thereof for commercial purposes; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the software. All rights not expressly granted to you hereunder are reserved to us and our licensors.

12.5 Objectionable Material: You understand that by using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable by some, which Content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that Company shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable.

 

13. CUSTOMER SUPPORT: For assistance with technical issues or customer support inquiries, please send an email to info@foodypiza.com.

 

14. THIRD-PARTY SERVICES AND CONTENT: The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (b) any third-party websites, content, data, information, applications, goods, services or materials (collectively, “Third-Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Company, its affiliates, or parent company, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, Operators or service providers. We do not verify, endorse, or have any responsibility for Third-Party Services and any third-party business practices (including, without limitation, their collection and use of personal and other information), whether the Services’ or Company’s logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service you use.

 

15. ADVERTISEMENTS: Access to the Content available on the Services are made available to you in part due to the paid advertising that appears on the Services. You agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Services. We reserve the right to suspend your access to and/or re-insert advertisements in the event we detect any such interference with the delivery or display of advertisements on the Services. Moreover, from time to time, you may choose to communicate with, interact with, or obtain Third-Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

 

16. PROMOTIONS, CONTESTS, AND SWEEPSTAKES: From time to time, Company, or the Services’ operational service providers, suppliers, Operators, and Advertisers may conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you in connection therewith.

 

17. ASSIGNMENT: These Terms, and any rights, licenses, and privileges granted herein may not be transferred or assigned by you but may be assigned or transferred by Company without restriction, notice or other obligation to you.

 

18. INDEMNITY: You agree to indemnify, defend and hold Company, its affiliates, and parent company, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation these Terms or (c) your User Postings. The company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

 

19. DISCLAIMER AND LIMITATIONS OF LIABILITY: THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, User Postings, and Content associated with your use of the Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES LOSSES AND CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EXCEED THE LESSER OF THE TOTAL DOLLAR AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR USE OF THE SERVICES AND $100. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly, some of the exclusions and limitations described in these Terms may not apply to you.

20. DISPUTE RESOLUTION AND ARBITRATION: You and Company both benefit from establishing a predictable legal environment in regards to the Services. Therefore, you and Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the State of Commonwealth of Virginia and the federal laws of the United States. You and Company also agree that Company’s subsidiaries and affiliates are third-party beneficiaries of this Section and that, solely for purposes of this Section, “we”, “us”, and our include both Company and Company’s subsidiaries and affiliates.

We expect that our customer service team will be able to resolve most issues you may have used the Services. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process.

In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except that claims based on infringement or misuses of intellectual property and/or misappropriation of trade secrets may be brought without any advance discussion as further provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at the company Legal Department. If we would like to discuss an issue with you, we will contact you using an email or mailing address you provide or if we have on file for you.

IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, OR THE RELATIONSHIP WHICH RESULTS FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE, BREACH, ENFORCEMENT, EXISTENCE OR VALIDITY OF THE MATTERS PROVIDED FOR IN THESE TERMS OR YOUR USE OF THE SERVICES, OUR RELATIONSHIP WITH EACH OTHER, THIS AGREEMENT TO ARBITRATE OR THE SCOPE OF THIS ARBITRATION AGREEMENT (A “CLAIM”), MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMS.ADR.COM. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIM OF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS, AND YOU OR WE MAY AT ANY TIME BRING SUIT IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX AGAINST THE OTHER IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS AND YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. INJUNCTIVE RELIEF MAY BE SOUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX.

YOU AND WE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS AND, WHERE APPLICABLE, YOU AND WE ALSO AGREE TO OPT-OUT  OF ANY SUCH CLASS PROCEEDING.

If your claim is for $1,000 or less, we agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a telephonic or in-person hearing. The arbitration hearings for U.S. residents will be held in the State Foody® is registered. If this location is not convenient for you, please let us know and we will work to determine a mutually convenient location. If we cannot agree on such a location, the arbitrator will determine the location of the hearing.

For United States residents, regardless of who initiates the arbitration, we will reimburse you for your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500.

If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.

You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged, the proceedings, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, the enforcement of an award, or unless otherwise required by law or court order.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST US FOR CLAIMS THAT ARE COVERED BY THIS AGREEMENT TO ARBITRATE. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

21. TERMS PERTAINING TO CERTAIN THIRD-PARTY CONTENT, DATA AND INFORMATION PROVIDERS AND MOBILE APPLICATION PLATFORMS.

21.1 AP Material: By accessing the Services, you specifically acknowledge and agree that (i) Associated Press text, photo, graphic, video and/or audio material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.

21.2 Mobile Applications: If you access the Services through a mobile application or another type of third party platform, the applicable End User License Agreement for the platform through which you downloaded the mobile application may apply in addition to these Terms and you agree that you are subject to such terms in addition to these Terms.

22. TEXT MESSAGING

By providing a cell phone to us you represent and warrant that you are the owner or authorized primary user of the device and you expressly consent to receive text messages from FOODY® from time to time, including messages about products that you have ordered and promotional messages. If you no longer wish to receive these messages, please contact us at the email address on our contact us section or reply “STOP” to the text message. Your carrier may charge you standard text messaging rates for each message sent or received.

23. APP STORE TERMS

These terms are entered into between you and FOODY®. Apple, Inc. (“Apple”) and Google, Inc. (“Google”) (collectively, the “download service providers”) are not parties to these terms and shall have no obligations with respect to the Services. FOODY®, not Apple or Google or any other third-party app store, is solely responsible for the Services, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these terms. Upon your acceptance of these terms, the download service provider used to obtain the Sites shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. If our Services fail to conform to any applicable warranty, you may notify the download service provider used to obtain the Sites and they will refund the purchase price (if any) of the Sites in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the Sites will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the Sites and FOODY®, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is FOODY®’s responsibility. We both acknowledge that FOODY®, not the download service provider used to obtain the Sites, is responsible for addressing any end-user or third-party claims related to the Sites, including, but not limited to: (a) product liability claims, (b) any claim that the Sites fail to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, we both acknowledge that, in the event of any third-party claim that the Sites or your possession or use of the Sites infringes on that third party’s intellectual property rights, as between FOODY® and the download service provider used to obtain the Sites, FOODY® will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties

24. MISCELLANEOUS: These Terms contain the entire understanding and agreement between you and Company concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms cannot be changed orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of these Terms. No action arising out of these Terms or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

24.1. Supplemental Terms: In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

24.2. No Waiver: The failure of The Foody® to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

24.3. No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Foody® as a result of these Terms or your access to and use of the Services.

24.4. Entire Agreement: Unless otherwise specified herein, the Terms constitute the entire agreement between you and The Foody® and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

24.5. E-Mail Confidentiality Notice: The information contained in company email (example: abc@foodypizza.com) may be confidential and intended solely for the use of the individual or entity to whom it is addressed.  The information contained in this transmission may contain privileged and confidential information, as well as information subject to the protection of copyright laws.  Company and it’s subsidiary and affiliate companies are not responsible for errors or omissions in this and or attached documents. All personal messages express solely the sender’s views and not those of the employer of the sender. If you are not the intended recipient, please contact the sender, destroy all copies of the message, and do not disclose any of the information, you are hereby notified that any review, dissemination, forwarding, distribution or duplication of this communication is strictly prohibited. Be advised that such illegal actions are governed by the Electronic Communications Privacy Act. Our company attempts to sweep e-mail and attachments for viruses, it does not guarantee that either is virus-free and accepts no liability for any damage sustained as a result of viruses. Thank you for your assistance.

25. FOODY® REWARDS TERMS & CONDITIONS

https://foodypizza.com/rewards-terms

 

FOODY®

Thank you for your interest and for taking the time to read our TERMS OF USE AND ACCEPTABLE USE STATEMENT for the site. We wish you an enjoyable time on our website.

Thank You!