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Terms and Conditions

March 17th, 2011

This User Agreement (the “Agreement”) and the policies referred to herein contain the terms and conditions on which Anytime Food Ordering, LLC (“Anytime Food Ordering”, “we” or “us”) offers you (the “User” or “you”), access to its website www.FoodFortCollins.com ( the “Site”) and Anytime Food Ordering’ services (the “Services”). Among other things, this Agreement describes the User’s responsibilities and limits Anytime Food Ordering’ liability. This Agreement also incorporates by reference all terms, conditions and program descriptions described elsewhere on the Site. Before using any of the Services, please read all of this Agreement and the Site carefully. In the event of any conflict between this Agreement and any other provisions set forth in the Site, the terms of this Agreement will control.
By using the Services, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services.
Anytime Food Ordering reserves the right, in its sole discretion, to amend this Agreement at any time upon posting notice of the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. The User’s continued use of the Site and the Services following Anytime Food Ordering posting of any changes will constitute the User’s acceptance of such changes. This Agreement may not be otherwise amended except in a writing signed by both parties. This Agreement, in its current form, was posted on the date at the top of this page.
1. TERMS OF SERVICE
(a) Anytime Food Ordering’ Services are available only to United States residents who can form legally binding contracts. Anytime Food Ordering’ Services are not available to persons under the age of 18. If you do not qualify, please do not use Anytime Food Ordering’ Services. By using Anytime Food Ordering’ Services, you are representing that you are a U.S. resident and can form legally binding contracts. Anytime Food Ordering may refuse or discontinue its Services to anyone at any time, in its sole discretion.
(b) To use the Anytime Food Ordering Site and Services, you must truthfully provide all of the required information requested on the Site, including your real name, phone number and e-mail address. When placing orders, your name and phone number will be provided to the restaurant. You may receive confirmation, cancellation, reminder and thank you emails associated with your order. Your email will not be given to any third party.
(c) You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your personal information in order to use the Site or Services.
2. FEES AND SERVICES
Use of Services provided by FoodFortCollins.com is free. You are responsible for paying all fees associated with ordering through our Services and the Site, and all applicable taxes.
3. ANYTIME FOOD ORDERING’ SERVICES
(a) The Services. Anytime Food Ordering is an online Service that enables consumers to view restaurant information and menus and eventually order food over the internet with restaurants.
(b) Anytime Food Ordering is a Venue. The Site operates as a venue for communicating food orders. Accordingly, Anytime Food Ordering has no control over the quality or safety of the restaurant products or services that are being offered or obtained through the Site or the truth or accuracy of the product or service descriptions. Please note that sometimes restaurants do change availability and prices of food.
(c) Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they order on the Site. However, because user verification on the Internet is difficult, Anytime Food Ordering cannot and does not confirm each user's purported identity.
(d) Release. Because we are a venue, in the event that you have a dispute with one or more sellers, you release Anytime Food Ordering (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Information Control. We do not control the information provided by other users or sellers that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safe practices when using the Site. By using this Site, you agree to accept such risks and Anytime Food Ordering is not responsible for the acts or omissions of users on the Site.
4. FRAUD
Without limiting any other remedies, Anytime Food Ordering may suspend or terminate an account if we in our sole discretion suspect that (by conviction, settlement, insurance or investigation, or otherwise) someone has engaged in fraudulent activity in connection with the Site or any other practices that are offensive, harmful, inaccurate or deceptive.
5. PRIVACY
Anytime Food Ordering is committed to protecting your privacy. Anytime Food Ordering will not provide any information regarding your order or your transaction history to any third party without your consent (with the exception of providing your name, email address, and contact phone number to restaurants where you used the Services). Anytime Food Ordering may change this Privacy Policy in the future. You should check the Privacy Policy regularly for changes.
6. YOUR INFORMATION
(a) Definition. “Your Information” is defined as any information you provide to us in the order process, in any public message area (i.e., the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
(2) Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or, if otherwise adult in nature or harmful to minors; (g) contain any viruses, trojan horses, worms, spyware or other similar computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
(3) License. To enable Anytime Food Ordering to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Anytime Food Ordering will only use Your Information in accordance with our Privacy Policy.
7. REPRESENTATIONS OF USER
You represent that you:
(a) understand and will abide by the terms of this Agreement;
(b) have adequate funds available under the valid, unexpired credit issued to you branded with the MasterCard, VISA, American Express or Discover logo to cover purchases
(c) will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including using the ordering Services in bad faith or otherwise misuse the Site or Services in any manner;
(d) will maintain the confidentiality of your personal information;
(e) understand and agree that Anytime Food Ordering has not inspected, verified and has no control over the quality or safety of the restaurant products and Services available through this Site, and that Anytime Food Ordering does not control and does not know whether the restaurant has truthfully and accurately described the products and services or that such products and services meet the criteria of the ordering Services.
(g) recognize that any errors contained in information provided by the User when ordering are solely the responsibility of the User and such errors do not excuse the User's obligation to consummate a transaction on the terms stated in the Ordering Services.
8. BREACH
Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your access, refuse to provide our Services to you or take such other action we deem reasonable in our sole discretion if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
9. EXCLUSION OF VARIOUS WARRANTIES
ANYTIME FOOD ORDERING’ SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANYTIME FOOD ORDERING MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(a) ANYTIME FOOD ORDERING MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(b) ANYTIME FOOD ORDERING MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES ANYTIME FOOD ORDERING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;
(c) ANYTIME FOOD ORDERING DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY RESTAURANT PARTNERS OR OTHER THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT RESTAURANT PARTNERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;
(d) ANYTIME FOOD ORDERING EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(e) ANYTIME FOOD ORDERING EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF ANYTIME FOOD ORDERING. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 14(a) below, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
10. LIMITATION OF LIABILITY AND REMEDIES
(a) Limited Liability for Anytime Food Ordering’ Site and Services. UNDER NO CIRCUMSTANCES WILL ANYTIME FOOD ORDERING OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR ANYTIME FOOD ORDERING’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, ANYTIME FOOD ORDERING’ LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, FIFTY U.S. DOLLARS ($50.00).
(b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL ANYTIME FOOD ORDERING OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY RESTAURANT PRODUCTS OR SERVICES AVAILABLE THROUGH ANYTIME FOOD ORDERING’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE FROM ANYTIME FOOD ORDERING WITH RESPECT TO SUCH RESTAURANT PRODUCTS OR SERVICES ARE FOR THE REGISTERED USER TO EXERCISE HIS OR HER RIGHTS UNDER THE ANYTIME FOOD ORDERING POINTS PROGRAM.
(c) Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 17(a) below, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
11. INDEMNIFICATION
You agree to indemnify and hold Anytime Food Ordering, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to (a) your breach of this Agreement, (b) any fraud, manipulation, deception or misrepresentation by you, (c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and (d) any violation of applicable federal or state laws or regulations.
12. NO AGENCY
You and Anytime Food Ordering are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
13. ASSIGNMENT
You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining our express written consent.
14. USER COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS; CERTAIN LICENSES
All comments, feedback, reviews, suggestions, ideas and other materials and content disclosed, submitted or offered by you to Anytime Food Ordering in connection with your use of the Anytime Food Ordering Site including all intellectual property and proprietary rights therein and thereto (collectively, “Comments”), shall be the exclusive property of Anytime Food Ordering and may be used or not used, in part or in whole, with or without other elements, by Anytime Food Ordering or its designees, in its sole discretion, in any medium and for any purpose worldwide, without obtaining your specific consent. For example, use of your Comments could be made on Site and in print advertisements. Anytime Food Ordering is under no obligation to maintain your Comments in confidence, to pay to any compensation or other consideration for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. Please note that you are not required to furnish Comments to us, and that if you do so, you are doing so voluntarily. Your Comments must not be false, misleading or defamatory. By entering into this Agreement, you also grant Anytime Food Ordering a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the Comments (including without limitation rights of publicity and copyrights) or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.
15. COPYRIGHT
You acknowledge that all content and other elements included on the Site and/or used in connection with the Site, such as text, graphics, logos, icons, information, data, software, photographs, graphs, video, typeface, music, sound, images, illustrations, designs and other material, are the property of Anytime Food Ordering or its content suppliers and are protected by copyright laws. The compilation (such as the collection, arrangement and assembly) of all content on the Site is the exclusive property of Anytime Food Ordering or its content suppliers and is protected by copyright laws. The content and software on the Anytime Food Ordering Site may be used only for purposes of obtaining restaurant products and services as permitted by this Agreement. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site is strictly prohibited.
16. TRADEMARKS
(a) ANYTIME FOOD ORDERING and FoodFortCollins.com are trade or service marks of Anytime Food Ordering. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or Service that is not properly authorized by Anytime Food Ordering, in any manner that is likely to cause confusion or in any manner that disparages or discredits Anytime Food Ordering.
(b) The use of any name, trademark, tradename, servicemark, logo, symbol or other proprietary designation or marking of or belonging to any restaurant making products or Services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such restaurant, or as the participation by any such restaurant in the offering of goods or information through the Site.
17. GENERAL INFORMATION
(a) Governing Law. Anytime Food Ordering, a corporation formed under the laws of the State of Colorado, operates the Site. Those who choose to access the Site, or who choose to utilize the Services, do so on their own initiative with the knowledge that they are doing business with a Colorado corporation. THIS AGREEMENT, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND ANYTIME FOOD ORDERING, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO AGREEMENTS, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF COLORADO. IF YOU ARE UNWILLING TO HAVE COLORADO LAW APPLIED, DO NOT USE THE SITE. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(b) Complete Agreement. This Agreement and the materials expressly incorporated herein by reference constitute the full and complete agreement between you and Anytime Food Ordering. You and Anytime Food Ordering have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to this Agreement are permitted or valid.
(c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND ANYTIME FOOD ORDERING IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY OF FORT COLLINS AND COUNTY OF LARIMER. YOU AND ANYTIME FOOD ORDERING EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.
(d) Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.
18. MODIFICATION
Anytime Food Ordering may, in its sole discretion, modify this Agreement, at any time, by updating this posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of our Site, following the posting of conspicuous notice of any modification, will be subject to the terms in effect at the time of your use. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
19. TERMINATION
Anytime Food Ordering may, in its sole discretion, terminate this Agreement, your use or access to the Site or any Online Food Order without notice for any reason.