PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE LAW APPLICABLE TO THESE TERMS AND THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

TERMS OF SERVICE

Fast Food Cart is hereinafter referred to as "FFC", "we", "us", or "our”.

 

FFC is a online and mobile app based food ordering and sales system. It enables our clients to manage their own menu online and sell food directly to their customers. FFC uses this website to manage the sale of its software and to provide prospective clients with additional information about its product and services.

 

FFC sells access to its sales platform on a monthly subscription basis, the details of  which are accessible at www.fastfoodcart.com and any other websites through which FFC makes information about its products available (collectively, the “Site”).

 

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.

 

These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and FFC. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH:

 

(A) CLIENTS MAY MANAGE THEIR ONLINE MENU, ORDERS AND SALES; AND

 

(B) ACCESS INFORMATION RELATING TO THE PRODUCT AND SERVICES; AND

 

(C) MAKE PAYMENTS FOR THE SERVICES; AND

 

(D) UPGRADE OR DOWNGRADE SUBSCRIPTION LEVELS OR CONTACT FFC DIRECTLY.

 

YOU UNDERSTAND AND AGREE THAT FFC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RESTAURANT ITS CLIENTS, FOOD PURCHASERS AND/OR VISITORS TO INDIVIDUAL RESTAURANT WEBSITES AND/OR ANY OTHER MEMBER AND/OR THIRD PARTY, NOR IS FFC AN RESTAURANT OR RESTAURANT SALES  AGENT. FFC HAS NO CONTROL OVER THE CONDUCT OF RESTAURANTS, RESTAURANT CLIENTS AND OTHER USERS OF THE SITE AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Key Terms

“FFC Content” means all Content that FFC makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.

 

“Collective Content” means Member Content and FFC Content.

 

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

 

“Member” means a person who completes FFC’s account registration process, as described under “Account Registration” below.

 

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

 

Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.

 

If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.

 

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Modification

FFC reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Membership Options and Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

How the Site and Services Work

The Site and Services can be used to provide any client with the ability to sell their own food, or products online within the context of an online restaurant website or app. The restaurant menu and its content are listings created by individual restaurants and are are managed on their own Site. The public may view the content created by a restaurant; and may select and pay for restaurant products as listed by that client.

 

Unless explicitly specified otherwise in the FFC platform, FFC’s responsibilities are limited to facilitating the availability of the Site and Services.

 

Account Registration

In order to access certain features of the Site, to start selling online or via your own mobile app, you must register to create an account (“FFC Account”) and become a client. You may register to join the Services directly via the Site or as described in this section.

 

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site, you may link your FFC Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to FFC through the Site; or (ii) allowing FFC to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to FFC and/or grant FFC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating FFC to pay any fees or making FFC subject to any usage limitations imposed by such third-party service providers. By granting FFC access to any Third-Party Accounts, you understand that FFC will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your FFC Account and FFC Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your FFC Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or FFC’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your FFC Account and your Third-Party Accounts, at any time, by accessing the “Edit Profile” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. FFC makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and FFC is not responsible for any SNS Content.

 

We will create your FFC Account for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. Further information about the creation of your profile page is set out below. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. FFC reserves the right to suspend or terminate your FFC Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your FFC Account, whether or not you have authorized such activities or actions. You will immediately notify FFC of any unauthorized use of your FFC Account.

 

Product Options

As a client of FFC, you can opt from various product levels which are outlined on the website.

In order to access and use your account you will be required to pay a Service Fee. Details of the Service Fees payable are available at www.fastfoodcart.com. Where any payment is not made access to the account will be immediately suspended.

 

Agreements with other users of the Site

If you enter into any agreement with another user of the Site, including but not limited to another Member of the Site, you acknowledge and agree that you, and not FFC, will be responsible for performing the obligations of any such agreements, that FFC is not a party to such agreements, and that FFC disclaims all liability arising from or related to any such agreements.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;

• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;

• use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

• copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Services;

• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of interacting with other users of the Site as a FFC Member in accordance with these Terms;

• register for more than one FFC Account or register for an FFC Account on behalf of an individual other than yourself;

• recruit or otherwise solicit any Member to join third-party services or websites that are competitive to FFC, without FFC’s prior written approval;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, FFC’s name, any FFC logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without FFC’s express written consent;

• access, tamper with, or use non-public areas of the Site or Services, FFC’s computer systems, or the technical delivery systems of FFC’s providers;

• attempt to probe, scan, or test the vulnerability of any FFC system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FFC or any of FFC’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

FFC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

FFC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against FFC or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of FFC , its users, or members of the public . You acknowledge that FFC has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. FFC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that FFC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via the Site, email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to provide, maintain, protect and improve our services. We will not share your information with any third party outside of FFC and its partners, other than as necessary to provide the Services.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You can do the following at any time via the “Edit Profile” section of the Site:

• See what data we have about you, if any.

• Change/correct any data we have about you.

• Have us delete any data we have about you.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Ownership

Unless explicitly stated otherwise, all rights including those in copyright in the content of this website are owned by or controlled for these purposes by FFC. Except as otherwise expressly permitted under copyright law or these Terms, the content of this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first obtaining FFC’s written permission or that of the copyright owner.

FFC Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, FFC grants you a limited, non-exclusive, non-transferable license, to (i) access and view any FFC Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FFC or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to FFC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. FFC does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to FFC the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FFC’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that FFC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FFC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the FFC platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of FFC used herein are trademarks of FFC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Fair Usage Policy

This Fair Usage Policy ("FUP") is designed to prevent fraud and abuse of our Site and Services by a small number of users.

The Site and Services are for individual use only (personal or business) in accordance with our Terms and this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

Using the Site or Services to contact other Members for purposes other than those specified in these Terms

Excessive use of the Site or Services

Other practices may be relevant in determining Legitimate Use and FFC reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. FFC may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this FUP or these Terms. Where reasonable, FFC will provide you with notice of improper usage before suspension or termination of your FFC Account.

Suspension, Termination and FFC Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your FFC Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your FFC Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your FFC Account, your Member Content, or receive assistance from FFC, and you will not be entitled to any compensation for any sales orders that were cancelled as a result of a suspension, deactivation or termination of your FFC Account. You may cancel your FFC Account at any time via the “Edit Profile” feature of the Services. Services Fees paid to date are non-refundable. Please note that if your FFC Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site and Services.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FFC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FFC MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, JOB LISTINGS AND MEMBER PROFILE PAGES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FFC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FFC OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT FFC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. FFC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FFC. FFC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FFC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FFC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FFC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FFC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES, OR FROM THE INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID VIA THE SITE AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FFC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold FFC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your interaction with any Member, or (d) your creation of a menu listing.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between FFC and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FFC and you regarding the Site, Services and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without FFC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FFC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FFC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of England and Wales. You and we agree to submit to the non-exclusive jurisdiction of the English courts for resolving any dispute between the parties. If FFC wishes to enforce any of its rights against you, we may elect to do so in the English courts or in the courts of the jurisdiction in which you are resident.

General

The failure of FFC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FFC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting FFC

If you have any questions about these Terms, please contact FFC at [email protected].