Thank you for your interest in using services provided by FoodOpt website.These Terms of Use (these “Terms”), as may be updated from time to time, govern your access and use of the Service. These Terms are a legally binding contract between you and FoodOpt regarding your access to and use of the Service.
TERMS OF SERVICE: FoodOpt, LLC owns and operates www.FoodOpt.com, an online platform of connecting. By using the Service or by accessing [www.FoodOpt.com] (“Website”), you agree that you have read, understood, and will bound to the following terms and conditions (“Terms of Service”). If you don’t agree, then you may not use any part of the service. FoodOpt reserves the right to update and change the Terms of Service from time to time without advance notice. Any new features that is added or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service 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 of Service. You agree to use the Service solemnly at your own risk and subject to the terms set forth below. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Violation of any of the terms below will result in the termination of your account and may subject you to civil and criminal penalties.
Your access and use of the Service may be subject to separate third party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator. You consent to the collection and use of your personally identifiable information and information about your location in accordance with the FoodOpt Privacy Policy, including without limitation the collection of location information.
ACCOUNTS & REGISTRATION: FoodOpt Account. To register in the website is solely at one’s personal discretion. When you register for an account, you will be required to provide us with some information about yourself (such as your name, email address or other contact information, phone number, delivery address etc.).You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.For Sign In, you will be asked to enter password made during registration process. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account, regardless of whether you authorized such activities. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@FoodOpt.com.
You may not (i) use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. FoodOpt reserves the right to cancel a User ID in its discretion.
PRIVACY POLICY Please read the FoodOpt Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The FoodOpt Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
USER RESPONSIBILITY FoodOpt has no control over the representations or actions of its users. Although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FoodOpt with respect to such actions or omissions.
GIFTS GIVEN TO HOSTS A user may decide, at their own discretion, whether to bring a gift for the CHEF HOSTED EVENTS. However, under no circumstances will a gift be considered compensation for the meal.
GENERAL USE RESTRICTIONS By using the Service, you represent that you are at least eighteen (18) years old. You represent that all information provided by you to FoodOpt through the Service or by other means is accurate. You may not use the Service for any illegal or unauthorized purpose, including but not limited to any use that violates any government law or regulation, infringes upon intellectual property, or tortuously harms another person or entity in any form. Without limitation to any of the foregoing, you additionally agree that: 1. You will not modify, adapt or hack the Service or Site. 2. You will not modify another website so as to falsely imply that it is associated with the Service, or any other FoodOpt service. 3. You will not reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FoodOpt. 4. You will not engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any FoodOpt user, customer, employee, member, or officer. A violation of this provision will result in immediate account termination. 5. You will not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages in any way to FoodOpt users, customers, employee’s members, or officers or to anyone through use of the Service or Site. 6. You will not transmit any viruses or any code of a destructive nature to FoodOpt users, customers, employees, members, or officers, or to any individual through use of the Service or Site. 7. You will not access, tamper with, or use non-public areas of the Services, FoodOpt computer systems, or the technical delivery systems of FoodOpt providers. 8. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures. 9. You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information. 10. You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
CONTENT RESTRICTIONS Users may not post, upload, publish, submit or transmit any content that: 1. 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; 2. Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 3. Is fraudulent, false, misleading or deceptive; 4. Is defamatory, obscene, pornographic, vulgar or offensive; 5. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 6. Is violent or threatening or promotes violence or actions that are threatening to any other person; or 7. Promotes illegal or harmful activities or substances. 8. Foodopt has the right to edit, remove, or delete any content at any time.
CONTENT OWNERSHIP For purposes of this Agreement, the following definitions shall apply: “FoodOpt Content” includes all images, videos, audio files, text, graphics, and other information or materials made available by FoodOpt through the Site or Service. “User Content” includes all images, videos, audio files, text, graphics, and other information, posted through the Site or Service by users under their User ID.
Under their User IDs, users may upload, publish, transmit, submit, and post User Content. By posting User Content to the Site or through the Service, you grant FoodOptand its users a royalty-free, non-exclusive, irrevocable, perpetual, and transferable worldwide license with the rights to modify, sublicense, display, perform, transmit, adapt, merge, distribute, sell, or otherwise exploit, the User Content. FoodOpt does not, however, claim ownership of any User Content and nothing in this Agreement shall be construed to restrict your rights to the User Content that you post or otherwise publish. You are solely responsible for all User Content posted by you through the Site or Service. You represent and warrant that you either are the sole and exclusive owner of all User Content posted by you through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant the rights in such User Content. You additionally represent and warrant that your posting, upload, or otherwise transmitting of User Content through the Site or Service shall not infringe, misappropriate, or violate a third party’s trademark, copyright, patent, trade secret, or any other intellectual property right, or a third party’s right of publicity or privacy, or result in violation of any applicable law or regulation.
FoodOpt and User Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, FoodOpt and its licensors exclusively own all right, title, and interest in the FoodOpt and User Content, including all associated intellectual property rights. You shall not obscure, diminish, or destroy any trademarks, service marks, or notices accompanying the FoodOpt and User Content.
FoodOpt grants you a limited, non-exclusive, non-transferable license to access, view, and print FoodOpt and User Content for your non-commercial, at-home use. You shall not receive any other rights under this license beyond the terms specifically enumerated in the preceding sentence or elsewhere in this Agreement. No license by implication is intended or granted to you.
The Site and Service, including but not limited to their underlying code and “look and feel,” are protected by copyright, trademark, and other laws of the United States and foreign countries. FoodOpt exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the computer code, HTML/CSS or visual design elements of the Site or the Service without express written permission from FoodOpt.
THIRD PARTY WEBSITES AND CONTENT Your access and use of the Service may be subject to separate third party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”) and the terms of Apple, Inc. (“Apple”), all of which are your sole responsibility;
The Site may contain links to third party websites or content from third party websites that are not controlled under this Terms of Service agreement. You acknowledge that FoodOpt is not liable or responsible for any third party websites or any third party content, information or products made available at third party websites. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources. You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via email. Cancellations by phone or sent via any other means will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
FoodOpt, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. The reasons for this might include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
FoodOpt reserves the right to refuse service to anyone for any reason at any time.
REPORTING MISCONDUCT If you share a meal with a host or guest who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to FoodOpt by contacting us with your police station and report number at contact@FoodOpt.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
DISPUTE RESOLUTION You agree that for any dispute with FoodOpt, you will first contact us and attempt to resolve the dispute with us informally. If unlikely FoodOpt is not able to resolve the dispute, we each agree that any claim or controversy (excluding claims for injunctive or equitable relief) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein or as applicable in registered user country.
Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration provisions below for additional details regarding your agreement to arbitrate any disputes with FoodOpt.
Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. MISCELLANEOUS PROVISIONS
Once a Customer places an order on FoodOpt, the Chef must confirm the order, whereby he commits to the details of said placed order. FoodOpt will not be liable for any discrepancies that may arise thereafter.
The Chefs are solely responsible for preparation and timely delivery of food (as per terms specified on their profile) as well as for maintaining quality and hygiene. FoodOpt will not be responsible or liable for the quantity or quality of meals delivered.FoodOpt have the right to terminate your account, if it is observed that terms specified in the profile of chefs are not followed.
FoodOpt will not be responsible for collecting payments from the Customers/Users and will not be liable therefore for loss that may occur due to non payment on behalf of Customers, if any.
FoodOpt will not be responsible for any loss incurred by Customers due to any actions of the Chefs including the non performance and untimely delivery of the orders.
FoodOpt is not responsible for any liability, if any, that may arises from misuse of shared information, if any, or from the consumption of any food and beverages delivered by a Chef.
If any of these Terms of Service is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.FoodOpt failure to enforce any of these Terms of Service is not a waiver of such term. The Terms of Service are the entire agreement between you and FoodOpt and supersede all prior or contemporaneous negotiations, discussions or agreements between you and FoodOpt about the Service or Site. The content ownership rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Service.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Contact Information. The Service is offered by FoodOpt, located at 7046 Milsap Ln, Frisco, Texas 75035. You may contact us by sending correspondence to the foregoing address or by emailing us at support@FoodOpt.com
Questions related to Terms of Service should be sent to FoodOptat contact@FoodOpt.com
GOVERNING LAW: These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and FoodOpt agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Collin County, TEXAS for the purpose of litigating all such disputes. We operate the Service from our offices in TEXAS, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
OWNERSHIP; PROPRIETARY RIGHTS The Service is owned and operated by FoodOpt. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, App(s), services, and all other elements of the Service (the “Materials”) provided by FoodOpt are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of FoodOpt or our third-party licensors. Except as expressly authorized by FoodOpt, you may not make use of the Materials. FoodOpt reserves all rights to the Materials not granted expressly in these Terms.
INDEMNITY: You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless FoodOpt and its affiliates and their respective officers, directors, employees, consultants, Service Providers and agents (collectively, the “FoodOpt Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMERS; NO WARRANTIES The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The FoodOpt entities specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade. The FoodOpt entities do not warrant that the service or any part of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected.
No advice or information, whether oral or written, obtained by you from the service or any materials or content available on or through the service will create any warranty regarding any of the FoodOpt entities or the service that is not expressly stated in these terms. You assume all risk for all damages that may result from your use of or access to the service, your dealings with other service users, and any materials or content available through the service. You understand and agree that you use the service, and you use, access, download, or otherwise obtain materials or content through the service, and any associated sites or services at your own discretion and risk, and as between you and FoodOpt, you will be solely responsible for any damage to your property (including your computer system used in connection with the service) or loss of data or any other loss that results from the use of the service or the download or use of such materials or content. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
Your use of the service or site is at your sole risk. The service and site are provided on an “as is” and “as available” basis. Foodopt expressly disclaims all warranties of any kind, express, implied or statutory, relating to the site, services, and content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.FoodOpt does not warrant that (i) the Service or Site will meet your specific requirements, (ii) the Service or Site will be uninterrupted, timely, secure, or error-free, (iii) the information or FoodOpt and User Content viewed on the Service or Site will be accurate, reliable, or truthful or complete (iv) the quality of any products, services, meals, social encounters, information, or other material purchased, obtained, or experienced by you through the Service will meet your expectations, and (v) any errors in the Service or Site will be corrected.
You are solely responsible for, and assume all risks of, all online or offline 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.
Foodopt does not screen or otherwise inquire into the background of any users of the site or service, nor does it attempt to verify any users’ statements made through the site or service. Foodopt is not responsible for and makes no representations or warranties regarding the actions of any users of the site or services.
Foodoptis not liable for any food prepared by a chef (registered in the website “FoodOpt”) and does not ensure that any of the chef’s home cooked meals are safe for consumption.
You agree to take all reasonable precautions and exercise good judgment in your interactions and communications with other users of the site and service and in consuming home cooked food supplied by registered chef’s in the website “FoodOpt”.
No Arms and Weapon are allowed on any chef’s event
LIMITATION OF LIABILITY In no event will the FoodOpt entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the FoodOpt entities have been informed of the possibility of such damage. You agree that the aggregate liability of the FoodOpt entities to you for any and all claims arising out of or relating to the use of or any inability to use the service (including any materials or content available through the service) or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of (i) the amounts you have paid to FoodOpt for access to and use of the service in the 12 months prior to the claim or (ii) $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
UPDATE OF THESE TERMS: FoodOpt reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect at the time the dispute arose No Class Actions. YOU AND FOODOPT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FoodOpt agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
