FreeEats.com® Terms of Service
Effective as of July 21, 2016
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("you" or the "user") AND FreeEats.com, Inc., FE.COM, LLC AND ANY OF THEIR PARENTS, SUBSIDIARY OR AFFILIATED COMPANIES (COLLECTIVELY "Company" or “We”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE LOCATED AT www.FreeEats.com (the “Site”) AND EACH TIME YOU USE THE FREEEATS.COM SERVICE, INCLUDING RECEIVING MESSAGES AS DESCRIBED BELOW IN SECTION 2. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the “Terms”) AS THEY GOVERN YOUR ACCESS AND USE OF THE SITE. COMPANY IS WILLING TO LICENSE THE USE OF THE SITE AND PROVIDE THE RELATED INFORMATION, SERVICES, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE OR REGISTER FOR AN ACCOUNT AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
In order to use the Site you must agree to receive messages ('Invitation Messages') from Company (SMS, MMS, e-mail, voice, or any other technology that allows for communication to your registered mobile phone number or email account collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of such Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with the Terms.
Invitation Messages sent by Company may give you the option to click a 'link' which may direct you to a website where you will be given the opportunity to view advertising and receive a payment in a specified amount for either receiving the advertisement or taking an action such as viewing a web site, or both. Company may in its sole discretion establish if an amount is paid for each Invitation Message sent to you, the amount of which may or may not vary. IF YOU REPLY 'STOP' IN RESPONSE TO ANY INVITATION MESSAGE, WE WILL NOT SEND YOU FURTHER MESSAGES UNLESS YOU REACTIVATE YOUR ACCOUNT AND PROVIDE US WITH YOUR CONSENT.
No payment for administrative messages
You understand, acknowledge, and agree that the operation of certain areas of the Site or use of the service requires or involves the submission, use, and dissemination of various types of personally identifiable information. You can review our Privacy Statement [here] for a description of who we share your personally identifiable information with, and our practices with regards to privacy and protection of your personal data and the personal data of others.
As a registered user of the Site, you have been granted a personal, non-exclusive, non- transferable, fully-revocable, limited license to access and use the information, content, and services on this website. All use is expressly subject to and limited by the Terms. Except for the limited license set forth above, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Access to this site is granted for personal use only in the United States and only by persons eighteen (18) years (or the legal age of majority) or older. By accessing this site for commercial use you represent and warrant that you are located in the United States and are eighteen (18) years (or the legal age of majority) or older. You may only register for an account for yourself and may only register a phone number that you own.
You will not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit this website, or any portion of this website without the Company's prior written consent. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of Company and/or its advertiser(s) and licensor(s). Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Company server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Site, or (viii) use the Site in an unlawful manner. In addition, you agree to abide by all applicable local, state, national laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While Company has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY PROVIDES THIS WEBSITE ON AN 'AS IS,'' AND ‘AS AVAILABLE’ BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, AND/OR COMPLETENESS; WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, THE COMPANY.
IN NO EVENT WILL THE COMPANY BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Advertisers and Third Party Content
Either this website or FreeEats' Invitation Messages may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. The Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access or for the acts or omissions of such advertisers or sponsors. Your correspondence or any other dealings with third parties found on the Site or through Invitation Messages or through Mobile Services, are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site or Invitation Messages or Mobile Services, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site or Invitation Messages or Mobile Services.
Links to Third Party Sites
Company will provide links to you to other third-party World Wide Web sites or resources for your convenience in locating or accessing related information, products and/or services. These sites have not been reviewed by Company and are maintained by third parties over which Company exercises no control. Therefore Company makes no representations whatsoever about any other web site which you may access through this Site. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
Registration and Account Information
Certain sections of this Site may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You also agree not to use another user's user name and password. If you believe there has been unauthorized use, you must notify us immediately. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these Terms.
Term and Termination
These Terms will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin accessing, or using the Site, whichever is earliest. We reserve the right to terminate this license at any time and for any reason including if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. Additionally, your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice. Upon termination of these Terms for any reason you must immediately cease using or accessing the Site and you must destroy all copies of downloaded materials in your possession or control. You may also terminate these Terms at any time by ceasing to use the Site and the FreeEats.com service and by sending an e-mail to optout@FreeEats.com or sending a response to an invitation message with the word “STOP.” All applicable provisions of these Terms will survive termination, as identified below, and each re-access or use of the Site will reapply these Terms (then in effect) to you. The provisions concerning Company's proprietary rights, indemnity, disclaimers of warranty and liability, admissibility of these Terms, waiver and severability, entire agreement, and governing law will survive the termination of these Terms for any reason. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all claims, proceedings, losses, expenses, damages, injuries and costs, including reasonable attorneys' fees and litigation expenses, relating to or arising from any breach of these Terms by you or relating to any payment dispute with a third party provider arising from a purchase or incurrence of fees made by you.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Virginia, without reference to Virginia choice-of-law rules, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the Commonwealth of Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Severability of Provisions
Should any portion of the Terms be found or declared to be unenforceable or void for any reason, the remaining portions shall be severable, and fully enforceable as if no such finding of unenforceability had issued.
If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us via e-mail to contact@FreeEats.com
You may cancel your account at any time by responding to any text message that you receive from us with the message 'STOP'.