Terms & Conditions
Welcome to UGottaEat.com (the “Site”) and the UGottaEat Mobile App(s) (the “Mobile App”) (without distinction, referred to in these Terms and elsewhere as “UGE”). UGE and/or its affiliates provide website features to you subject to the following terms, conditions, and conditions of use. If you access, visit, or shop at UGE, you accept UGE’s terms, conditions, notices, and disclaimers whether or not you become a registered user. Please read them carefully. In addition, when you use any current or future services or conduct business through UGE you also will be subject to the guidelines, terms, conditions, conditions of use, and agreements (collectively referred to as the “Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to UGE, to understand our practices.
When you visit or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via UGE. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on UGE, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of UGE or its content suppliers, and protected by United States and international copyright laws. The compilation of all content on the Site or the Mobile App is the exclusive property of UGE and protected by U.S. and international copyright laws. All software used on or in connection with UGE is the property of UGE or its software suppliers and protected by United States and international copyright laws.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you have any copyright concerns about any materials posted on UGE by others, please let us know. UGE complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent as follows:
UGottaEat c/o Tonya R. Kinlow | Email: firstname.lastname@example.org
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on UGE (“Infringing Material”), and information reasonably sufficient to permit us to locate such material;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or, if multiple copyrighted works at a single site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition, UGE’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress in the U.S. and/or other countries. UGE trademarks and trade dress may not be used in connection with any product or service that is not owned or affiliated with UGE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UGE. All other trademarks not owned by UGE that appear on UGE are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UGE.
One or more patents owned by UGE apply to UGE and to the features and services accessible via the Site and/or the Mobile App.
LICENSE AND SITE ACCESS
UGE grants you a limited license to access and make personal use of the UGE Site and Mobile App and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UGE. This license does not include any resale or commercial use of UGE or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of UGE or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The UGE Site or Mobile App or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UGE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UGE without express written consent. You may not use any meta tags or any other “hidden text” utilizing UGE’s name or trademarks without the express written consent of UGE. Any unauthorized use terminates the permission or license granted by UGE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the public pages of UGE so long as the link does not portray UGE, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any UGE logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the UGE Site or Mobile App, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. UGE will not be liable for any losses caused by any unauthorized use of your account. Please be aware that if you decide to disclose personally identifiable information on UGE, this information may become public. UGE does not control the acts of other visitors to UGE, so please be cautious when deciding to reveal personal information on UGE.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. UGE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant UGE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any manner, format or medium. You grant UGE and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify UGE for all claims resulting from content you supply. UGE has the right but not the obligation to monitor and edit or remove any activity or content.
Posts to UGE do not necessarily reflect our views. UGE takes no responsibility and assumes no liability for any content posted by you or any third party
RISK OF LOSS
Some items purchased from UGE may be made pursuant to a shipment contract. In these cases, the risk of loss and title for such items pass to you upon delivery to the carrier.
UGE attempts to be as accurate as possible. However, UGE does not warrant that product descriptions or other content on UGE is accurate, complete, reliable, current, or error-free. If a product offered by UGE itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on UGE represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by UGE, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping or downloading process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by UGE. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
You hereby agree to indemnify and hold UGE harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever kind, nature, and character, and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, including the recovery of our attorneys’ fees, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by us — directly or indirectly — by reason of any act or omission which you commit in breach of these Terms and conditions.
Parties other than UGE may operate stores, provide services, or sell product lines on UGE upon best efforts approval. We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we expressly disclaim and do not warrant the offerings of, any of these businesses or individuals, the content of their Websites, the quality of their foods, or the quality of their perishable or nonperishable goods. UGE does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
ASSUMPTION OF RISK; RELEASE; COVENANT NOT TO SUE; DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE UGE SITE AND MOBILE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, FOOD PRODUCTS, CONSUMABLES, PERISHABLE OR NON-PERISHABLE GOODS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH UGE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UGE SITE OR MOBILE APP OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, FOOD PRODUCTS, CONSUMABLES, PERISHABLE OR NON-PERISHABLE GOODS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH UGE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR USE OF UGE AND YOUR USE AND/OR CONSUMPTION OF ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, FOOD PRODUCTS, CONSUMABLES, PERISHABLE OR NON-PERISHABLE GOODS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH UGE IS AT YOUR SOLE RISK AND YOU VOLUNTARILY AND EXPRESSLY ASSUME ALL RISK RELATED THERETO, ARISING THEREFROM OR IN CONNECTION THEREWITH; AND (B) YOU FOR YOURSELF AND YOUR HEIRS, AGENTS, ESTATES, EXECUTORS, SERVANTS, ADMINISTRATORS, AFFILIATES, SUCCESSORS IN INTEREST, ASSIGNS, REPRESENTATIVES, FRANCHISEES AND/OR LICENSEES, SERVANTS AND ALL PERSONS ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, “RELEASEES”), HEREBY VOLUNTARILY RELEASES, ACQUITS, WAIVES, RELINQUISHES AND FOREVER DISCHARGES AND COVENANTS NOT TO SUE THE UGE RELEASED PARTIES (AS DEFINED BELOW), OR ANY ONE OF THEM, FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES AND LIABILITIES OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH, ALLERGIC REACTION, CONTAMINATION, SPOILATION) AND WITHOUT REGARD TO THE CAUSE OF ACTION, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF LAW/STATUTE OR OTHERWISE (EVEN IF UGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM) WHICH YOU OR ANY OF THE RELEASEES NOW OR HEREAFTER MAY HAVE AGAINST UGE OR ALL OR ANY UGE AGENTS, AFFILIATES, SUCCESSORS IN INTEREST, ASSIGNS, PREDECESSORS, PARENT COMPANIES, SUBSIDIARY COMPANIES, COMPANIES UNDER COMMON CONTROL WITH ANY OF THE FOREGOING, OWNERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, INTEREST HOLDERS, FRANCHISEES AND/OR LICENSEES AND ALL PERSONS ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, “UGE RELEASED PARTIES”) ON ACCOUNT OF OR ARISING OUT OF ANY MATTER, THING, FACT, CIRCUMSTANCES OR EVENT, WHICH HAPPENED, DEVELOPED OR OCCURRED, WHETHER KNOWN OR UNKNOWN, DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN ANY MANNER CONNECTED WITH YOUR USE OF THE UGE SITE OR MOBILE APP AND/OR YOUR USE AND/OR CONSUMPTION OF ANY SERVICE OR PRODUCTS (INCLUDING SOFTWARE AND/OR CONSUMABLES, FOOD PRODUCTS, CONSUMABLES, PERISHABLE OR NONPERISHABLE GOODS) OBTAINED BY OR THROUGH UGE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UGE DOES NOT WARRANT THAT THE UGE SITE OR MOBILE APP, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, AND/OR FOOD PRODUCTS, PERISHABLE OR NONPERISHABLE GOODS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH UGE; UGE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM UGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE UGE SITE OR MOBILE APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND/OR FOOD PRODUCTS, PERISHABLE OR NONPERISHABLE GOODS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH UGE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT UGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, ARISING FROM, RELATING TO, OR CONNECTED WITH THE USE OR INABILITY TO USE THE UGE SITE OR MOBILE APP; THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING UGE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; STATEMENTS, CONDUCT, OR OMISSIONS BY YOU OR ANY THIRD PARTY ON UGE; THE ACCURACY OF ANY INFORMATION PRESENTED ON UGE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH UGE OR THESE TERMS.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT UGE HAS NO CONTROL OVER THE BEHAVIOR OF ANY OTHER UGE USER, AND UGE HEREBY DISCLAIMS ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS IN ACCORDANCE WITH THESE TERMS. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH UGE OR THESE TERMS EXCEED THE SUM OF FIVE DOLLARS ($5.00) USD.
Any dispute or claim relating in any way to your visit to or use of UGE or to products or services sold or distributed by UGE will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration claim initiated shall be exclusively held and venued in Cleveland, Ohio.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these conditions of use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting UGE, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms, conditions of use, and any dispute of any sort that might arise between you and UGE. For any legal claim outside of the mandates of arbitration, you agree to submit to the exclusive jurisdiction and venue of any court located in Cuyahoga County, State of Ohio, United States of America, and expressly and irrevocably waive any jurisdictional, venue, or inconvenient forum challenge or objection to such court. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The terms and related conditions embodied in the Terms constitute the entire agreement between you and UGE and supersede any and all prior or contemporaneous written or oral agreements between you and UGE.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted and available on the UGE Site and Mobile App. We reserve the right to make changes to the UGE Site and Mobile App, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed ineffective solely to the extent of such invalidity or unenforceability and otherwise enforced to the maximum extent permitted under applicable law and shall otherwise be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Last updated: March, 2018 © UGottaEat.com
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