terms and conditions

TERMS & CONDITIONS

 

WELCOME TO THE Around Eatery, LLC (“Around Eatery”) WEB SITE.  YOUR ACCESS TO AND USE OF THIS SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.  PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING, USING, VIEWING, OR BROWSING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE IN ANY WAY.

USER’S REPRESENTATION

 

You represent and warrant to Around Eatery that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may provide to Around Eatery is truthful, accurate and complete; and (c) you shall comply with all terms.

 

You represent and warrant to Around Eatery that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may provide to Around Eatery is truthful, accurate and complete; and (c) you shall comply with all terms.

 

OWNERSHIP OF MATERIALS

 

Materials on this site (including but not limited to the text, information, data, images, audio, video, computer programs and/or anything else found at the site) are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Around Eatery’ prior written permission. Around Eatery does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.  The materials are provided and may be used for informational purposes only.

 

COPYRIGHT/TRADEMARK

 

Copyright © 2016, Around Eatery, Inc.  All rights reserved.

Around Eatery is a trademark of Around Eatery, LLC.  The absence of a product or service name or logo from this list does not constitute a waiver of Around Eatery’ trademark or other intellectual property rights concerning that name or logo.  Other company names and products appearing on the site may be trademarks of their respective owners.

 

Around Eatery’ trademarks may be used only with the express permission of Around Eatery. Fair use of Around Eatery’ trademarks in advertising and promoting products requires proper acknowledgment that the trademarks are trademarks of Around Eatery.

 

RESTRICTIONS ON USE

 

Material from www.aroundeatery.com and any other World Wide Web site owned, operated, licensed, or controlled by Around Eatery or any of its related, affiliated, or subsidiary companies (together, "Around Eatery") may not be copied, modified, reproduced, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Around Eatery; EXCEPT that you may download one (1) copy of the material on one (1) computer for your personal, non-commercial home use only, and provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Around Eatery’ intellectual property rights and other laws. You agree to prevent unauthorized copying of the Materials.  You further agree to indemnify, hold harmless and defend Around Eatery, its owners, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses or expenses, including reasonable costs and attorneys’ fees, arising out of or in any way connected with your access to or use of the site.

 

The material in this site is provided for lawful purposes only. If you download files from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") neither title nor intellectual property rights are transferred to you, but remain with Around Eatery, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

 

You agree not to link any other Web site to this site without the prior, written consent of Around Eatery.  No trademark or logo of Around Eatery may be used as a “hot” link to any other Web site without the prior written approval of Around Eatery.

 

Any Web sites linked by this site are not under the control of Around Eatery and Around Eatery is not responsible for the content of any linked sites or any link contained in a linked site. Around Eatery reserves the right to terminate any link or linking program at any time. Around Eatery does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

 

LIMITATION OF LIABILITY

 

Around Eatery will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.  AROUND EATERY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE OR AROUND EATERY OR AN AUTHORIZED AROUND EATERY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Around Eatery’ total liability to you for all losses, damages, and causes of action (in contracts or torts, including without limitation, negligence) will not be greater than the amount you paid to access this site.

 

SUBMISSIONS

 

Around Eatery does not want you to send to it any confidential or proprietary information through the site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this site will be considered non-confidential and non-proprietary. All remarks, suggestions, ideas, graphics, or other information communicated to Around Eatery through this site (the "Submission") will forever be the property of Around Eatery. Around Eatery will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations of Around Eatery. Without limitation, Around Eatery will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Around Eatery will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Around Eatery or to other entities who are not involved in the operation of this site. Information submitted via this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Around Eatery have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

You are prohibited from posting or transmitting to or from the site any material that (a) would restrict or inhibit any other user from using and enjoying the site, (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (d) would violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of privacy or publicity or any other proprietary right, (e) contains a virus or other harmful component, (f) contains any information, software or other material of a commercial nature, (g) contains advertising of any kind, or (h) constitutes or contains false or misleading indications of origin or statements of fact.

 

BULLETIN BOARDS/CHAT ROOMS/DISCUSSION GROUPS

 

Around Eatery may, but is not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Around Eatery, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

 

JURISDICTION

 

Except as described otherwise, all materials in this site are made available only to provide information about Around Eatery. Around Eatery controls and operates this site from its headquarters in Salt Lake City, Utah, U.S.A. and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list. You may not use or export any site materials in violation of U.S. export laws and regulations. Any claim relating to the site materials shall be governed by U.S. federal law or laws of the State of Utah.  You and Around Eatery agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in state or federal court located in Salt Lake City, Utah.

 

DISCLAIMER

 

The material in this site could include technical inaccuracies or typographical errors. Around Eatery may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AROUND EATERY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AROUND EATERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AROUND EATERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AROUND EATERY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

 

This website contains downloadable materials as well as links to external sites. Around Eatery is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Around Eatery cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. Around Eatery also assumes no responsibility, and shall not be liable for any loss of data or damages to, or viruses that may infect, your computer system or other property on account of your access to, use of, or browsing in the site (including any bulletin board) or your downloading of any materials from the Site.

 

Around Eatery does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the site materials. Around Eatery may make changes to these sits materials, or to the products described therein, at any time without notice. Around Eatery makes no commitment to update the site materials.

 

EMPLOYMENT

 

Around Eatery, Inc. is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application.

 

TERMINATION

 

Around Eatery or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Around Eatery’ sites, and (b) all related documentation and all copies and installations (together, the "materials"). Around Eatery may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Around Eatery materials.

 

MISCELLANEOUS

 

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Utah, U.S.A., notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Around Eatery can revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions for use because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the site.

 

NOTICE: AROUND EATERY IMAGES ARE FOR VIEWING PURPOSES ONLY

 

For HI-RES print quality media please contact info@aroundeatery.com

 

All Images on the website are copyrighted and they are the properties of Around Eatery or its Image providers. All rights are reserved unless otherwise granted to you. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.

 

You may not use the Images

 

In digital format on multimedia presentations, broadcast film and video, cell phones.

In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.

 

Along with your corporate identity on business cards, letterhead, etc.

 

To decorate your home, your office or any public place.

 

For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, or cultures.  To endorse products and services if it depicts a person.

 

In a way that can give a bad name to Around Eatery or the person(s) depicted on the Image.

 

As part of a trademark, service mark or logo.

 

SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

 

©2016 Around Eatery, LLC  All Rights Reserved.

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