Terms and Conditions
Please Read These Terms And Conditions Carefully
These Terms and Conditions (these “Terms”) apply to use of the Chewse Inc. (“Chewse”) website located at http://www.chewse.com/ (this “Site”). This Site is the property of Chewse.
Chewse reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time, in its sole discretion and without prior notice to you. It is your sole responsibility to check these Terms before using this Site. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent postings by you will be subject to these Terms, which will apply until we post a modified Terms and then in accordance with such modified Terms.
As long as you comply with these Terms and any such modifications, Chewse grants you a personal, non-exclusive, revocable, non-transferable, non-sublicensable, limited privilege to enter and use this Site.
Registration, Customer Accounts, Use Of This Site
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, certain services offered on or through this Site require you to first open an account and select a password and screen name (“Username”). You shall not:
- Select or use as a Username a name of another person with the intent to impersonate that person
- Use as a Username a name subject to any rights of a person other than you without appropriate authorization
- Use as a Username a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Chewse immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Chewse or any other user of this Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to this Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of this Site, or in any way reproduce or circumvent the navigational structure or presentation of this Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or any of the systems or networks comprising or connected to this Site.
You also agree that Chewse may, at any time, in its sole discretion and without prior notice to you, terminate your access to this Site and your account for any reason, including without limitation:
- Any attempt to gain unauthorized access to this Site or assistance to others’ attempting to do so
- Any attempt overcome security features protecting this Site
- Discontinuance or material modification of this Site or any service offered on or through this Site
- Violations of these Terms
- Failure to pay for purchases
- Suspected or actual copyright infringement
- Unexpected operational difficulties
- Requests by law enforcement or other government agencies.
You agree that Chewse will not be liable to you or to any third party for termination of your access to this Site
Order Acceptance Policy
Confirming an order on the website is not a guaranteed confirmation. Only an e-mailed receipt or other form of electronic confirmation, confirms the order. The food provider may require additional verifications or information before accepting any order. The credit card will be authorized up to 7 days prior to the time of the order, and then charged in full within 7 days after delivery of the order.
Modifications To Prices, Menus, Transit Directions
Chewse is not liable for change to prices or menu items by food providers, as these are subject to events, seasons, and other unforeseen circumstances. Our map and directions functions under food provider listings are merely suggestions for travel, but do not guarantee the fastest route. These directions are subject to weather conditions, construction, and other unforeseen circumstances.
Consent To Collection, Use, And Disclosure Of Your Personal Information
While Chewse takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event will Chewse be liable for any damages (whether consequential, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Chewse was given actual or constructive notice that damages were possible.
Consent To Our Communication With You By E-Mail
By establishing a Chewse account and each time you place an order you grant permission for Chewse to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at firstname.lastname@example.org or follow the opt-out procedures set forth in such marketing emails.
Content, Copyright And Trademark Notice
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on this Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on this Site is owned or licensed by or to Chewse, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms, no part of this Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Chewse’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Chewse reserves all rights not expressly granted hereunder. Chewse expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with this Site.
“Chewse” is a trademark of Chewse. All custom graphics, icons, logos and service names are trademarks of Chewse. All other trademarks are property of their respective owners. The use of any Chewse trademark without Chewse’s express written consent is strictly prohibited.
Policy To Terminate Privileges For Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), Chewse will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Chewse and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Chewse will terminate the infringing customer’s account. Chewse may also in its sole discretion decide to terminate a customer’s account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512©, Chewse has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Chewse respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Chewse website, please contact “Legal Department” via facsimile at telephone or mail at:
1252 Howard St
San Francisco, CA 94103
Any written notice describing the infringing activity must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed
- A description of the allegedly infringing work or material
- A description of where the allegedly infringing material is located on this Site
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
You agree to indemnify, defend and hold harmless Chewse and its officers, directors, employees and agents from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Site, (ii) your breach or violation of these Terms, (iii) your violation of any law the rights of any other user of the Site or third party, (iv) the actions of you or your employees, contractors or agents. Chewse reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Chewse.
Disclaimer Of Warranties
This Site, and any products and/or services offered on or in connection with this Site are provided “as is” and “as available.” Except as expressly stated herein, Chewse expressly disclaims all representations, warranties and covenants, express or implied, as to any matter whatsoever relating to or referenced by this Site and any products and/or services offered on or in connection with this Site, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description
Limitation Of Liability
The entire risk arising out of the use of this Site and the use of any products and/or services offered on or in connection with this Site remains with you. In no event will Chewse or its vendors, suppliers, licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of these terms or the use of or inability to use any products and/or services offered on or in connection with this Site, with the delay or inability to use the site or related services, the provision of or failure to provide products or services, or for any information, products or services obtained through this Site, or otherwise arising out of the use of this Site whether based on contract, tort, negligence, strict liability or otherwise even if Chewse has been advised of the possibility of such damages. Notwithstanding anything else in these Terms or posted on this Site, the maximum liability that Chewse will have is limited to any amounts actually paid to Chewse by you during the three (3) months prior to the event giving rise to Chewse’s liability. You assume all risk of loss for shipped products. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that are not the responsibility of Chewse. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of these terms) that is an essential basis of the bargain between the parties. If you are dissatisfied with the Site or do not agree to any provisions of these Terms, your sole and exclusive remedy is to discontinue using the Site, except as may be otherwise provided in this section.
Chewse is not making any representations or warranties regarding the Site or any products and/or services offered on or in connection with this Site, as indicated in the section above entitled ‘Disclaimer Of Warranties,’ and Chewse’s liability is limited as indicated in the section above entitled ‘Limitation Of Liability.’ This Chewse Pledge in no way contradicts that premise. That said, Chewse wants you to be happy about your experience using the Site and the Chewse Pledge is in place to encourage your continued use of the Site. The Chewse Pledge provides protection from any food quality issues that arise from food ordered via our Site for up to the amount of the fees owed by you to Chewse for the meal in question. These payments are subject to certain conditions, limitations and exclusions – please contact Chewse at email@example.com for more details.
No delay or failure to take action under these Terms will constitute any waiver by Chewse of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of Chewse’s permitted successors and assigns. Any claim under these Terms must be brought within one year after the cause of action arises. These Terms will be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in San Francisco County, in the State of California. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms will be null and void. Chewse may freely assign these Terms without consent or notice. These Terms constitute the complete and exclusive agreement between Chewse and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.