These terms and conditions (the "Agreement") apply to your use of the Our EATS mobile application and website (the "Service"). Please read this Agreement carefully before using the Service.
By using the Service, you agree to be bound by this Agreement, whether or not you register as a user of the Service. If you do not agree to these terms, you may not use the Service.
User Content
You acknowledge and agree that any content, including but not limited to photos, reviews, and ratings, submitted by you or other users of the Service ("User Content") may be used by Our EATS for any purpose, including but not limited to marketing, advertising, and product development.
You represent and warrant that you have all necessary rights, licenses, and permissions to submit User Content to the Service and grant Our EATS the rights granted in this Agreement.
You agree not to submit any User Content that is defamatory, obscene, offensive, or infringes on any intellectual property rights or other rights of third parties.
User Conduct
You agree to use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Our EATS, may harm Our EATS or users of the Service or expose them to liability.
To impersonate or attempt to impersonate Our EATS, a Our EATS employee, another user, or any other person or entity.
To engage in any conduct that damages or interferes with the operation of the Service or any user's enjoyment of the Service, by any means, including but not limited to hacking, spamming, or other malicious acts.
Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Our EATS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not use any of Our EATS's trademarks or trade dress without Our EATS's prior written consent. You may not use any meta tags or any other "hidden text" utilizing Our EATS's name or trademarks without the express written consent of Our EATS.
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Our EATS disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Our EATS does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
In no event shall Our EATS be liable to you or any third party for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, arising out of or in connection with your use of the Service, whether based on contract, tort, strict liability, or other legal theory, even if Our EATS has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold harmless Our EATS and its affiliates, officers, directors, agents, and employees from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or in connection with your use of the Our EATS app, your violation of these terms and conditions, or your violation of any third-party rights. You agree to cooperate fully with Our EATS in the defense of any such claim, and We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these terms and conditions, the Our EATS app, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Termination
Our EATS reserves the right to terminate or suspend your access to the Our EATS app at any time, with or without cause, and with or without notice, effective immediately. Upon termination, your right to use the Our EATS app will immediately cease.
Governing Law
These terms and conditions shall be governed and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions or the use of the Our EATS app shall be filed only in the state or federal courts located in San Francisco County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous
These terms and conditions, together with the Our EATS privacy policy, constitute the entire agreement between you and Our EATS and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Our EATS with respect to the Our EATS app. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Waiver of any provision of these terms and conditions shall not be deemed a waiver of such provision in the future or a waiver of any other provision.