These terms and conditions create a contract between you and Eat the 80 (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Eat the 80’s services (“Services”), which is a meal preparation, cooking, and delivery service, as well as products and services related to the culinary industry. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire our Services for a charge, which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Eat the 80. Eat the 80 will charge your payment method (such as your credit card, debit card, gift certificate, or other method for any paid Transactions, including any applicable taxes. All Transactions are final. Prices may change at any time. If technical problems prevent an unreasonably delay delivery of your food, your exclusive and sole remedy is either replacement of the food or refund of the price paid, as determined by Eat the 80. From time to time, Eat the 80 may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Eat the 80 to a corresponding counterclaim.
SERVICES USAGE RULES
Your use of our Services must follow the rules set forth in this section. Any other use of the Services is a material breach of this Agreement. You may use the Services only for personal, noncommercial purposes, unless otherwise agreed to in a separate writing with Eat the 80. Use of this site does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. You may not tamper with or circumvent any security technology on this website.
The Services allow you to purchase meal delivery on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in writing by you. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription before the free trial ends.
YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please alert us immediately. You hereby grant Eat the 80 a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Eat the 80 may monitor and decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
- post any materials that you do not have permission, right or license to use;
- post objectionable, offensive, unlawful, deceptive or harmful content;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- plan or engage in any illegal, fraudulent, or manipulative activity.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY SERVICES PERFORMED OR PROVIDED BY EAT THE 80 ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EAT THE 80 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EAT THE 80 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EAT THE 80 BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EAT THE 80 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Eat the 80’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
DEFINITION OF Eat the 80:
Eat the 80, LLC is a Florida LLC and is located at 6322 NW 18th Drive, Suite 100, Gainesville, FL 32653.
Eat the 80 reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
Eat the 80 is not responsible or liable for third party materials included within its website or social media.
You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Eat the 80 and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Eat the 80 name, the Eat the 80 logo, and other Eat the 80 trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Eat the 80 in the U.S. You are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any content available through website, social media, or the Services infringe a copyright or trademark claimed by you, please contact Eat the 80 in writing at firstname.lastname@example.org.
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Eat the 80 suspects that you have failed, to comply with any of the provisions of this Agreement, Eat the 80 may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your Services.
Eat the 80 further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you, and Eat the 80 will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
EAT THE 80 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME EAT THE 80 MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY EAT THE 80 PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO CASE SHALL EAT THE 80, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ITS WEBSITE, SOCIAL MEDIA, AND SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY.
EAT THE 80 SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE EAT THE 80 FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
EAT THE 80 DOES NOT REPRESENT OR GUARANTEE THAT ITS WEBSITE, SOCIAL MEDIA, AND/OR DATA WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE EAT THE 80 FROM ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD EAT THE 80, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY EAT THE 80 AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM EAT THE 80, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF EAT THE 80'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Eat the 80, and all Transactions on the Services shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and Eat the 80 agree to submit to the personal and exclusive jurisdiction of the courts located within Alachua County, Florida.
This Agreement constitutes the entire agreement between you and Eat the 80 and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Eat the 80. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Eat the 80's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Eat the 80 will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws.
Eat the 80 may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address. Notices shall become effective immediately. Eat the 80 may also contact you by email to send you additional information about the Services.
You agree that Eat the 80 has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Eat the 80 believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.