FoodJiva.com Terms Of Use

Welcome to FoodJiva.com's website ( the "Site"). The following are the terms and conditions (the "Terms") that govern use of the Site. FoodJiva's online services (the "Service"), which are available at the Site, provide users the ability to browse restaurant menus and order restaurant food for delivery or pickup on the Internet from FoodJiva's restaurant partners (the "Restaurant Partners"). By using the Site and the Service, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Please read these Terms carefully as these Terms are legally binding terms with respect to your use of the Site and Service. If you are unwilling to be bound by the Terms, please do not access or use the Site or Service. FoodJiva reserves the right to change these Terms at any time, effective immediately upon posting on the Site and you are advised to check back periodically to make sure you are aware of the latest Terms. The effective date of this Agreement is September 23, 2007.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of FoodJiva or use the Site and Services. If you are not of age, please do not use the Service. Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms.

Member Account, Password and Security

In order to use or access some features of the Site and Service, you may be required to register with FoodJiva and to select a password and user name, which shall consist of an email address. By having an account with FoodJiva, you agree to take full responsibility for maintaining the confidentiality of your username, password, and all related activity that occurs under your username. You agree to (a) immediately notify FoodJiva of any unauthorized use of your username, password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FoodJiva cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. If you violate these Terms, FoodJiva may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, ratings and user profile information), or take any other action that FoodJiva believes is necessary. FoodJiva's use of any personal information that you provide to FoodJiva during any registration process is governed by FoodJiva's privacy policy, which is available at the footer on most pages of the Site.

Posting Ratings and/or Reviews on FoodJiva.com

FoodJiva reserves the right to refuse to post or to remove any Rating and/or Review in its sole and absolute discretion. User ratings and reviews are not endorsed by FoodJiva and do not reflect the views of FoodJiva or its employees, officers, managers or owners. FoodJiva does not assume responsibility or liability for any Rating or Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. Any Ratings and/or Reviews that are posted on or submitted to FoodJiva shall be owned exclusively and in perpetuity by FoodJiva. Such exclusive ownership means that FoodJiva and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Ratings and Reviews. FoodJiva is under no obligation to give credit or pay any consideration to you for your Ratings and/or Reviews.

FoodJiva Restaurant Network

The FoodJiva Restaurant Network serves as a facilitator of transactions between the Restaurant Partners and the users and is neither responsible nor liable in any way for the quality of goods and/or services prepared by such Restaurant Partners. Since the Restaurant Partners are in direct control of the preparation and delivery of your order, FoodJiva recommends that you contact the Restaurant Partner directly for any questions or problems with your order. If you are not satisfied with the service, delivery speed, taste or quality of a particular Restaurant Partner, you can file a complaint either by posting a negative rating or by contacting us at contact@foodjiva.com.

Menu Lists and Prices

FoodJiva makes every effort to maintain the most accurate and up to date restaurant and menu item information on the Site. Although all restaurant information and menu prices are provided by the Restaurant Partners, it is possible that an outdated menu item price may be posted or entered incorrectly. If you become aware of any inaccuracies on the menu, please contact us at contact@foodjiva.com. FoodJiva makes no representations as to the accuracy or completeness of any of the information contained on the Site that is provided by the Restaurant Partners.

Payment by Credit Card

All orders placed on the Site must be by credit card. By using a credit card as a method of payment, you agree that you must be authorized to use the credit card presented. If FoodJiva does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by FoodJiva.

All Sales are Final

All sales are final unless otherwise determined by FoodJiva at its sole and absolute discretion. If you experienced problems and are not satisfied with your order or experience, please contact us immediately via email at contact@foodjiva.com and include your order number in the subject line. In certain cases in which FoodJiva deems appropriate, FoodJiva will issue credit for use on future orders on the Site. FoodJiva will do its best in ensuring a positive experience for all of its users. Please send in notices of order problem within 24 hours of the order date and time. As all sales are final, FoodJiva does not issue cash or credit card refunds.

E-mail Preferences

By registering or placing an order on the Site, you agree to receive e-mails from FoodJiva regarding your registration, order or other promotional or newsletter information. If you do not wish to receive promotional email from FoodJiva, you may indicate so in your email preferences under your "My Account-User Info" section of the Site.

Unauthorized Use of the Site

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our any pages on our Site or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Site without the prior expressed written permission of FoodJiva. Illegal and/or unauthorized uses of the Site will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to FoodJiva for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS

FOODJIVA DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. FOODJIVA CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FOODJIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOODJIVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

FoodJiva disclaims any and all liability for the acts, omissions, and conduct of any third-party users, FoodJiva users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. FoodJiva is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to FoodJiva at contact@foodjiva.com. FoodJiva may investigate the claim and take appropriate action, at its sole discretion.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FOODJIVA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF FOODJIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.

Indemnity

You agree to indemnify and hold FoodJiva, its affiliates, officers, owners, managers, agents, attorneys and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) the violation of these Terms by you, or (iv) the infringement by you, or any third party using your account or password, of any intellectual property or other right of any person or entity.

Marks

The FoodJiva and JivaMenu™ trade names, trademarks and/or logos, and the trademarks and logos of Restaurant Partners and advertisers appearing on the Site are the respective proprietary trademarks and/or service marks of FoodJiva.com and those Restaurant Partners or advertisers.

Contact Us

If you see objectionable content or have any questions about these Terms, please contact FoodJiva at contact@foodjiva.com.