The ['client', hereinafter, may describe the following], restaurant, consumer, company runs a restaurant and gets conciliated via the service orders from customers of the client. The service operator is authorized to accept orders from customers of the client as a representative for the client over the Internet. The service provided by the service operator is thus only the client refers to the principal and the appropriate application of mobile applications and other portals of the service operator as well as receiving orders and payments from clients and forwarding to the client taking into account the agreed commission and or percentages and payments.
The Client, gives full authorization, expressed or implied to the service provider, as is follows, to accept as representative of final authority any and all orders from customers for the client and make the settlement with the client for delivery of orders authorized in individual cases driving service providers. The Client renders full authority to the service provider to receive payment of each and every customer and is bound by the agreement, therein. The service provider may without prior notice, amend changes to the site or service or even suspend any services temporarily which is reasonable to the service provider and the customer.
Clients may utilize the services provided by the service provider to completion if it offers the possibility through an online payment gateway.
Rights and Obligations of the Service Provider
The service provider, herein, agrees to the extent it has notified the company of the client, its products, services offered and the terms and conditions by the client to represent in the context of the service. Any and all changes in supply of the client are to be made by the contracting authority itself in the administration backend or c-panel available online. However, the terms & conditions will apply where applicable. The service provider shall be entitled to take the necessary orders as a representative of the client which are binding toward the care of a prudent businessperson and its unanswered ordering data forward in the context of what is technically possible forthwith to the client and incase the customer chooses pay by online payment, receive payment from the customer as a representative of the client. Client authorizes the service provider to collect receivables from customers in its own name, entity, representative, assignee on behalf of the principal.
Rights and Obligations of Client
Client understands and agrees to provide any and all information necessary for the presentation of his restaurant and his offer the service operator. Including but not limited to, particular information on corporate identity, individual enterprises or natural persons of the first and last name of the owner and the summons (post) address and societies the company, legal form, the authorized representatives and the summons (post) address. Any and all relevant changes and or amendments shall be required to notify the service provider immediately to the client. The obligation pursuant to any information, herein, contains in particular the list all the ingredients contained in the food and drink by the client, additives present as well as ingredients and processing aids contained which may cause allergies and intolerances, of which the customer of the client is mandatory under applicable law before submitting an order must be informed. Modifications, amendments of the ingredients present in the food and or drink of the client, as well as additives contained ingredients present and processing aids which may cause allergies and intolerances, the principal must inform the service user's discretion. The customer is obliged to check the information published by the service provider and display fabrications, omissions, inaccuracies or errors immediately, directly or indirectly.
The Customer warrants all offers placed by him in the mobile applications are actual offers which meet any and all legal requirements, including but not limited to the consumer protection law information requirements. If the transmission of all necessary information has not yet been received, the service operator is not obligated to present the restaurant of the customer any service. Client agrees to conscientiously handle orders with the due diligence of a prudent businessperson and immediately execute so as ordered by the customer. This transaction must be completed through the use of the online application and or [APP.]
Client may terminate the contract committed by notice, completely perform all operations in the service provider orders. If the customer provides the execution of orders before the end of the contract period all or part of one, the service provider is entitled to assert reasonable claims for damages.
If sent to the client, and the order is insufficient, both the service provider and the customer by the customer are promptly, but no later than within a period of 10 minutes after receipt of the transmitted orders. The Customer warrants the products offered are of high quality and have been stored in accordance with environmental health food regulations, the licensing act and their respective regulations and other legal requirements, processed and / or manufactured and that compliance with the above rules regularly is checked. If violations are identified by a public authority or established, the client is called upon to inform the service provider immediately. The Client warrants it has all necessary regulatory and governmental approvals and no criminal history, bankruptcy, tax or penalty proceedings in connection with the operation of its restaurants and its restaurant operations are not pending. Furthermore, the client guarantees to ensure the prices indicated on the Service and any and all charges and terms for its services - such as minimum order size and delivery fees, taxes, surcharges - are consistent, kept up to date and with as required, even if self-distribution conditions are identical. Client is not entitled to assign claims under this Agreement to any third party.
Basic Fee, Sales Commission for Mediation
The provision set forth, of each party in this contract agrees to mediation services, the service provider to pay the customer a sales commission. The sales commission holds, regardless if client agreed to fixed amounts - a percentage of gross sales, which were received over the platforms of the service operator for the client and performance of orders. The client shall pay the sales commission even if there should be a reversal of the order by the customer, provided the transaction does not occur because of any culpable breach of contract of the service provider.
The sales commission and fees are agreed upon within the contract between the service provider and customer. The customer will then receive an order confirmation in principle by the service provider in writing (letter, fax, e-mail). As of 1/1/2015, the service provider is entitled to increase the sales commission per calendar year up to 2% percentage points. The right of increase is limited up to an overall increase of a maximum of eight percentage points. The service provider is not required to make its respective right to increase in successive years immediately asserted. The service provider will inform the customer in the event of the exercise of his right of at least 30 calendar days, excluding holidays, prior to the date of the commission increase which is to be in writing (letter, fax, e-mail) to the respective upcoming increase.
In the event of electronic payment [e.g. credit cards] by the customer pulls the service provider as a representative of the client paying for the order, in its own name on behalf of the principal to the customer, in turn, pays it to the client within the framework of the agreed accounting rules. For the reception and transmission of client payments, the service provider shall charge the Client an online payment levy of 2% to cover themselves incurred by the service provider costs.
Client agrees to undertake, and to keep a receipt of goods by the customer for a period of 13 months, thereafter, and shall make the receipt available upon on request. In the event there any problems or issues which may lead to a cancellation or the failure of delivery, the service provider is to be informed immediately by telephone so the credit card payment can be reversed, if necessary. Client carries the risk of improper use of the means of payment [e.g. credit card fraud] or the "PayPal" account of the client. If payment of the credit institution of the legitimate cardholder by the service provider to the client already had been forwarded, the service provider is to correct the invoice amount under the law.
PayPal understands the importance of security and peace of mind when doing business online, and one of the ways they aim to help customers is with PayPal Seller Protection. The Seller Protection program protects you from losing your money to claims and chargeback's resulting from buyer complaints. There are specifically two types of buyer complaints where Seller Protection provides this protection benefit:
“Unauthorized Transaction” buyer complaints occur when money is paid to you, but the owner of the account claims that he or she did not authorize the payment.
“Item Not Received” buyer complaints occur when a buyer pays for an item but claims he or she did not receive it.
These complaints may reduce your PayPal balance. But with Seller Protection, provided that the transactions meet our requirements, PayPal will protect you by keeping your balance intact – meaning you get to keep your money and won’t be required to pay any fees.
The accounting by the service provider on the progress or performance on the service revenues on mature sales commission payable online payment charge, which mature further charges - such as delivery charges - and the payout amounts for unanswered online payments, vouchers or coupons, depending on the selected tariff for the previous month and can be done via e-mail, online portal, fax or post. The tariff should be the responsibility of the consumer. The invoice amount for the sales commission, the online payment allocation as well as the laid Shipping charges will be provided to the principal. The accounts may also be made by credit.
The payments by the client to the service provider for payments online, are direct with each payment by the customer. As an example the payment is automatically deducted. Payments for cash transactions carried out by the client to the service provider in principle via direct debit. If a direct debit is not possible, payment shall be made without any deduction immediately upon receipt of invoice. If, the client does not perform within14 days after receipt of the invoice or equivalent payment schedule in default of payment at the latest.
The service provider offers end users the opportunity to redeem coupons and discounts. The Client agrees to use of coupons and discounts and will attach to these payments. The production of these or any other coupons and discounts are made solely by the contracting authority in the Eatle.com backend. Eatle.com may promote coupons and discounts for customers.
Your online availability can be controlled directly from the backend admin or the Smartphone mobile manager APP. All versions have access to the Ipad APP, available on the Apple store and iTunes. When a diner makes an order at your restaurant through a mobile app on your website or through our website, we will automatically notify you of that order. The notifications are sent as soon as the order is made. They are delivered via email. The diner also receives a confirmation by email at the same time. SMS confirmations may optionally also be sent. When a diner makes a cancellation of an order through your mobile app or on your website, we will automatically notify you of that cancellation.
For accounts applied for and registered online only activation is free of charge. Accounts signed up online must pay us for our services through our website, our website app by using, iPhone and Android APPS, and support provided by email. We will invoice you monthly in advance on the monthly anniversary date of the contract commencement. The charge will always be the same as your first month charge unless we notify you otherwise and if we do so we will notify you of your charge at least 10 days before your account is debited.
The Site [web property] is operated by Eatle.com to deliver and provide a service, as such a service provider for restaurants to deliver food/products/services as a mobile app source, including but not limited to, information on, any and all food/products/services are offered by our company or owners, of Eatle.com, if any, all inclusive, hereunder, herein. Eatle.com provides this website for members/consumers to view the aforementioned as an application or [APP] website or web property. Members/consumers may register via: Facebook, Twitter as an example in order to make purchases.
Each member and or consumer understands and agrees, Eatle.com is in the business of offering an online website in where clients can use our mobile app to make purchases for their customers, food/products/services over the internet, and all food/products/services may or may not be available. Each member/consumer understands and agrees to the terms and conditions, covenants, herein. (the "Service"), to offer or provide certain related materials, services and or products, specifically, including but not limited to, any and all services/products, listed, exclusively offered as non-refundable transactions, Eatle.com does not offer any type of refunds, and holds no liability whatsoever. To make it clear, Eatle.com, its owners, operators, agents, representatives, employees, officers only sell food/products/services to restaurants on behalf of their customers. If you have any questions as to the information listed on our website, please contact us immediately and we shall respond within 30 days of receipt of your request.
If you see images, content, pics, photos, photography, recordings, videos, digital videos which may constitute a copy infringement violation please email us immediately and or call us so we can remove such material if there is in fact a copyright infringement. If you read a comment and or review you do not agree with please again, email us and or call us with your concern and will take action into the legitimacy of your concerns.
These Terms and Conditions are subject to change by Eatle.com without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. The current date above will let you know the most recent changes. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must terminate your Membership as provided below. Your continued use of Eatle.com following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.
If, as an example you do not agree to these Terms and Conditions, you may not enter nor use Eatle.com for any purpose. You must exit Eatle.com immediately, you may not use or access Eatle.com at all, and you may not print or download any materials from the site. You may use and access Eatle.com only in accordance with these Terms and Conditions. Please consult the Terms and Conditions regularly and read them carefully before using Eatle.com.
You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions stated herein. You are solely responsible for obtaining access to Eatle.com and that access may involve third party fees (such as Internet service provider or airtime charges, or internet access). You are responsible for fees, including those fees associated with the display or delivery of all images, graphics, programs, advertisements and such.
In addition, as a member you must provide and are responsible for all equipment to access Eatle.com such as your computer. We are not responsible for you gaining access to the internet. You are solely responsible, and liable for your matters connecting to the internet.
Eatle.com contains images and content, including but not limited to: text, software, images, graphics, data, messages, videos, flash, stories and or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by Eatle.com . (collectively called, "Materials").
All Materials displayed on Eatle.com are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other and all constitutions from around the world globally.
Eatle.com is a website and or web property site, in whereas, all products/services are offered for sale and all sales are final as there are no refunds of any kind whatsoever, Eatle.com is an information source web property so members/consumers may information to order food products.
Website Information and Mobile APP
You also acknowledge that Eatle.com is intended to contain only images, photos, graphics, and content protected by the First Amendment to the United States Constitution and any country as well. If you are seeking information regarding illegal activities, please leave Eatle.com immediately. You are further aware of the community standards of your community, and you will only access the content on Eatle.com if you believe, upon diligent investigation, that the content on Eatle.com does not violate any community standards. You further agree not to use or access Eatle.com if doing so would violate the laws of your state, province or country, or violate any personal laws that you have been placed against you by the court of law. If you use our mobile app, it is your responsibility to agree to the terms and conditions prior to making any purchases over your cellular phone, as the same terms and conditions apply from the website as well.
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit Eatle.com immediately and may not use or access Eatle.com. You agree not to bypass any security and/or access feature on Eatle.com.
Additionally, Eatle.com, a website, does not assume any responsibility or liability for any misrepresentations regarding a user's age or representation of such. An adult, may not allow or give a juvenile permission to use our mobile app and or website to make any purchases.
Member may not be assigned, transferred, or sold to a third party. Eatle.com disclaim any and all liability arising from fraudulent entry and use of Eatle.com. If a user fraudulently obtains access, Eatle.com may terminate Member immediately and take all necessary and appropriate actions under applicable federal, state, and international laws to do so. You may not allow a juvenile to make an order for food by using your name and or credit card.
You acknowledge that all food/products/services on Eatle.com are protected by the First amendment of the U.S. Constitution along with every other country, globally. Eatle.com holds all rights to determine what is appropriate for the website. We have the first right of refusal and can void any purchase without notice.
To access Eatle.com or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of Eatle.com that all information you provide must be correct, current, and complete.
If Eatle.com believes the information you provide is not correct, current, or complete at any time, Eatle.com has the right to refuse you access to Eatle.com or any of its resources, and to terminate or suspend your access at any time without an explanation or notification. This includes terminating your account for fraudulent activities or behavior we feel do not meet the standards of Eatle.com. Your electronic signature becomes valid the second you sign in as a member, meaning, you are stating you agree and understand the terms & conditions of this website.
Subject to these Terms and Conditions and in consideration of using Eatle.com, Eatle.com hereby grants you a limited, nonexclusive, nontransferable personal license to access and use Eatle.com and the website contained therein. Eatle.com provides personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of the site. Users are defined as (Consumers) of the site are granted a single access to the website. Sharing your consumer account with other people is grounds for immediate termination. By stealing, copying, sharing, or granting consumer based information to other people will be considered violators of this limited license may be prosecuted to the fullest extent under the applicable law. In other words, if you steal anything from this website including images, text, graphics, photos, your Member will be immediately canceled and we will take legal action.
Except where expressly permitted by law, you may not translate (either language or coding), reverse-engineer, decompile, disassemble, trade, give away or make derivative works from our Eatle.com. You hereby agree not to use any automatic device or manual process to monitor or reproduce Eatle.com, and will not use any device, software, computer code, hardware or virus to interfere or attempt to disrupt or damage Eatle.com or any communications on it. All attempts are logged, including IP address and all other identifiable means and we will contact authorities and take full legal action. If you order food from our website and your order is fraudulent we will track your IPN for security purposes.
You may use Eatle.com only for purposes expressly permitted by the Terms and Conditions of Eatle.com. You may not use Eatle.com for any other purpose, including any commercial purpose, without Eatle.com's express prior written consent. Without the express prior written consent of Eatle.com, you may not:
Duplicate Eatle.com and or any of the food/products/services contained on the website (except as expressly provided above in Paragraph IV); create derivative works based on Eatle.com or any of the Food/products/services contained on the website; use Eatle.com or any of the Materials contained on the website for any public display, public performance, copy, website, sale or rental; re-distribute Eatle.com or any of the Food/products/services contained on the website including mobile content without the written permission; remove any copyright or other proprietary notices from Eatle.com or any of the Food/products/services contained on the website including taking photos or graphics from the site.;
Frame or utilize any html, php, java, or any other framing techniques in connection with Eatle.com or any of the Food/products/services contained on the website; use any meta-tags or any other "hidden text" using Eatle.com' name or marks registered or not; circumvent any encryption or other security tools or measures used anywhere on Eatle.com (including the theft of user names and passwords or using another person's user name and password or credit card in order to gain access to a restricted area of Eatle.com (both for consumers and for friends); use any data mining, robots, viruses, or similar data gathering and extraction tools on Eatle.com; decompile, reverse engineer, modify or disassemble any of the software aspect of the site; sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials as granted in Paragraph IV above including photos, images, graphics, profiles, text.
You agree to cooperate with Eatle.com in causing any unauthorized use to cease immediately. At any time, if Eatle.com provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using Eatle.com or other services included on Eatle.com. You are solely responsible for submitting any material that violates any United States, or International laws, even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and Eatle.com shall terminate all your rights under this Agreement.
You are responsible for providing all equipment and the computer/mobile technology necessary to access Eatle.com. You may access the non-public portion of Eatle.com only by being a consumer in good standing to Eatle.com. Eatle.com reserves the right to modify materials and Eatle.com's design at anytime, with or without prior notice. Please check back often to check the date located on the top of the terms and conditions page.
Upon submission of the online registration form, Eatle.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a consumer. If you provide any information that is untrue, inaccurate, not current or incomplete, Eatle.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, has the right to suspend or terminate your account and refuse any and all current or future use of Eatle.com, as well as subjecting you to criminal and civil liability. You are responsible for any related fees that we occur with respect to your account on Eatle.com, if any. Remember, this website is an information site, you have no property right interests within our intellectual web property identified as Eatle.com.
As part of the registration process, you may be issued a unique user name and password which you must provide in order to gain access to the non-public portion of Eatle.com. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party.
We reserve the right to disallow the use of usernames that we, at our sole discretion, that we deem inappropriate. We reserve the right to cancel at any time the Membership of any consumer who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your Membership, the ID and password are non-transferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to Eatle.com to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to access Eatle.com.
You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Eatle.com will not release your password for security reasons. You agree to (a) immediately notify Eatle.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You are liable and responsible for any unauthorized use of Eatle.com until you notify Eatle.com by email us regarding that unauthorized use. Unauthorized access to Eatle.com is illegal and a breach of this Agreement. You indemnify Eatle.com against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of Eatle.com upon request. You may not assign your account to anyone, nor may anyone order food from our website using your account. You're responsible for your account and all payments in the course of ordering any food online, there is no cooling off period.
This website offers free membership and registration, however, we do post advertisements, or better termed "ads." If you are a vendor, you must pay for the advertisement and or better termed, "ads" immediately and all payments are on a monthly subscription basis, monthly is identified as a calendar month. If as a member, you make a purchase/s from any advertisement space you are agreeing to pay the 3rd party advertiser, any and all complaints about their individual products or services must be made to such entity and not Eatle.com.
Our website rules:
If the information is trademarked or copyright information do not upload. Don't upload gore, obscenity, advertising, solicitations, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality. Don't hotlink to adult content, or to file-sharing or torrent sites, and don't use Eatle.com as a content delivery network. Don't be discourteous to anyone, and if we receive any complaints we will be the judge and take action against you if necessary. Do not even try to hotlink to any porn or hate sites, we will ban you by your IPN and or user name. Remember, this is a information, humor blog, parody website for enjoyment of entertainment. We preach peace and harmony not hate and argument. Please take the time to read before you make a negative comment and give people a chance to make a wrong a right.
Eatle.com monitors all activities both automatic (via website programming) as well as manual (human editors) to maintain proper use and etiquette on Eatle.com. If we feel you are violating the terms and conditions we will take all necessary matters to make sure that no consumers are harassed or spammed.
You may cancel your membership at any time.
This Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your Membership, you will no longer have access to the non-public areas of Eatle.com to which you were a member/consumer. Without limiting other remedies, Eatle.com may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of Eatle.com and refuse to provide our services to you at any time, with or without advance notice, if:
(a) Eatle.com believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) Eatle.com decides to cease operations or to otherwise discontinue any of Eatle.com or parts thereof. Further, you agree that neither Eatle.com nor any third party acting on our behalf shall be liable to you for any termination of your Member or access to Eatle.com. You agree that if your account is terminated by Eatle.com, you will not attempt to re-register as a consumer without prior written consent from Eatle.com.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF EATLE.COM OR ANY OF THE FOOD/PRODUCTS/SERVICES CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. EATLE.COM AND ALL FOOD/PRODUCTS/SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
EATLE.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT EATLE.COM OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF EATLE.COM OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EATLE.COM ,
OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA AND OR USE. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ALL FOOD ITEMS ARE AVAILABLE.
EATLE.COM DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR THE SERVICES OF A CONSUMER OF EATLE.COM. EATLE.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH EATLE.COM OR ANY TRANSACTION ENTERED INTO THROUGH EATLE.COM AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SITE OWNERSHIP MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON.
SOME OR MANY JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EATLE.COM TAKES NO RESPONSABLITY WHATSOEVER AND IS TO BE HELD HARMLESS FOR ALL CLAIMS MADE. EATLE.COM INCLUDES ITS, OWNERS, AGENTS, REPRESENTATIVES, EMPLOYEES, ASSIGNEES, OFFICERS, PRESIDENT, VICE PRESIDENT, CORPORATE OFFICERS, GENERAL WORK FORCE.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE EATLE.COM WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY.
IN NO EVENT SHALL EATLE.COM (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE EATLE.COM OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES.
THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Eatle.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, hosts and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use Eatle.com or any of the Materials contained therein, or your breach of any of these Terms and Conditions. Eatle.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to Eatle.com are owned and operated by third parties. Because Eatle.com has no control over such websites and resources, you acknowledge and agree that Eatle.com is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that Eatle.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Eatle.com 's Terms and Conditions, Spam Policy.
Eatle.com expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this SITE. All users do hereby agree to hold Eatle.com harmless from any and all damages and liability that may result from the use of links that may appear on Eatle.com. Eatle.com reserves the right to terminate any link or linking program at anytime without any notification.
Eatle.com any and all aforementioned names of Eatle.com are protected marks of Eatle.com. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. Eatle.com's marks, logos, domains, and trademarks may not be used publicly except with express written permission from Eatle.com, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Eatle.com. Eatle.com, inclusive, herein, protects its mark by using these symbols: ©®.
XIV. Mobile APP Copyright Information
The Food/products/services accessible from Eatle.com, and any other World Wide Web Site owned, operated, licensed, or controlled by Eatle.com, is the proprietary information and valuable intellectual property of Eatle.com or the party that provided the Materials to Eatle.com, and Eatle.com mobile app and website or the party that provided the Food/products/services to Eatle.com website retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any and all ways without the prior written consent of Eatle.com.
Modification or use of the Content except as expressly provided in these Terms and Conditions violates Eatle.com's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to Eatle.com. All Materials included on Eatle.com, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, profiles and software is the property of Eatle.com.
All its content suppliers and is protected by United States, and international copyright laws. The compilation of any and all Materials on Eatle.com is the exclusive property of Eatle.com or its content suppliers and protected by United States, and international copyright laws, as well as other laws and regulations.
Eatle.com respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act (DMCA). This is an online website so no matter your jurisdiction, the same laws apply and you are responsible as a member. If you do not agree then please do not register as a member on our site. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Eatle.com support team, Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a SITE;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XVI. Notice and Takedown Procedures
Eatle.com implement the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement. Eatle.com reserve the right at any time to disable access to, or remove any material or activity accessible on or from Eatle.com or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent or made known to us at the time.
It is the firm policy of Eatle.com to terminate the account of repeat copyright infringers, when appropriate, and Eatle.com will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA").
Eatle.com's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying Eatle.com that are infringing according to §512 of the DMCA, Eatle.com shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, Eatle.com will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 14-30 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. Eatle.com reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
XVII. Export Control
You completely understand and acknowledge that the software elements of the Materials on Eatle.com may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to the, United States' or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations.
You also agree and understand that the owners of Eatle.comYou agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Either party may change the address to which notice is to be sent by written/electronic notice to the other party pursuant to this provision of the Agreement.
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier from the United States of America, including parcel post, (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing.
This INCLUDES any delivery service from email, as all or most of our deliveries are by only by email or electronic mail by computer.
Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day, this includes email deliveries!
Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service. Moreover, if you as the registered member provide a false or bad email address, it will delay deliver and it is your responsibility to make sure you provide a valid email address so your forms, documents, information or services can be delivered in a timely manner. Remember, we have to upload the documents to an email so the document/s can be delivered. If for some reason there is a security breach of your email, we will not be held responsible for late delivery.
XXI. Force Majeure
Eatle.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Eatle.com 's performance.
XXII. General Provisions
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of 200 Dexter Ave Watertown MA 02472,excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
The parties hereby submit to the personal jurisdiction of 200 Dexter Ave Watertown MA 02472. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in 200 Dexter Ave Watertown MA 02472.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. If you have any questions please ask. All of these rules apply to mobile applications as well, along with any purchases.
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted 51 Cypress St #1 Watertown MA and conducted by a single arbitrator, knowledgeable in Internet and disputes.
The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS. ALL CLAIMS SHALL BE DISCUSSED AND CURED BY REMEDY PRIOR TO ANY AND ALL CLAIMS BEING FILED.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
No waiver of Eatle.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of Eatle.com and the Food/products/services contained therein, and your Member with Eatle.com, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Eatle.com reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit Eatle.com. Your continued use of Eatle.com following Eatle.com's posting of any changes to these Terms and Conditions constitutes your acceptance of any and all such changes. Eatle.com does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Eatle.com in writing, these Terms and Conditions may not be amended by you.
You may not modify your order after 10 minutes of the order, as the order has already been processed. Some orders may need to be modified and if so, certain surcharges will apply. Please make sure if you order any item you are sure you're willing to pay for such item.
The software elements of the Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to Eatle.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
Eatle.com makes no representation that Eatle.com or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Eatle.com from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.
We can and you authorize us to disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. This does not exclude, members or registrants.
Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
External Service Providers. There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy. Other Corporate Entities. We share much of our data, including personally identifiable information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other consumers.
Following registration, you can review and change the information you submitted during registration through the Consumer Service Menu including: Your password and e-mail address. If you change your password and email we keep track of your old password and email. You can also change your registration information such as: name, address, city, state, zip code, country, phone number, profile, likes and dislikes, desired date profile, essays and saves search criteria.
Some ads appearing on this website are delivered to you by 3rd party advertisers. You may also receive emails from 3rd party advertisers to the email provided in your account and your agreement during registration. Information about your visits to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems.
Cooperate with Government Authorities. EATLE.COM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. EATLE.COM may disclose the User's identity, contact and any other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and EATLE.COM ® shall not be liable for damages or results thereof and User agrees not to bring any action or claim against EATLE.COM for such disclosure.
No Consequential Damages. In no event shall EATLE.COM be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not EATLE.COM has been advised of the possibility of such damages, arising out of or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of EATLE.COM, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf with respect to each User.
For all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to less than $50.00 U.S.D.; such amount shall be in lieu of all other remedies which User may have against EATLE.COM and shall not preclude the requirement by the User to prove actual damages.
Review Removal. Eatle.com has the sole and exclusive right to remove or not remove any comment, review good or bad from its website. If you register to become a member of this website you're herby waiving any rights to any comment, review you make once it is written, however, you will be liable for making libel comments, reviews if in fact they are not truth, exact truth or real time comments. You may not copy and paste a comment or review from any other website. Eatle.com and its owners are herby waived from any liability whatsoever. Moreover, you're agreeing that you will not leave a negative review on Yelp.com or any other site on the internet. Therefore, if you order any item from our website and or mobile app you agree not to file any negative reviews online and you're waiving any and all rights to filing anything online.