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Terms of Service

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FOODTRUX LLC TERMS OF SERVICE

FoodTrux, LLC (“FoodTrux” or “we” or “us” or “our”) provides the website FoodTrux.co (the “Site“) and our products and services are made available through this Site, subject to your compliance with these Terms of Service (“Terms”). These Terms apply to visitors and customers of our Site. Your use of the Site and purchase of our products or services are also governed by our Privacy Policy. For terms of service for our SMS/Mobile Alerts, click here.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms constitute an agreement between FoodTrux and you. We recommend that you print out a copy of these Terms for your records. By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not agree to these Terms or if you are not legally competent to agree to them, then you may not use the Site.

FoodTrux connects consumers with food trucks (“Merchants”) and helps facilitate transactions. FoodTrux is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business.

Limited Use License

These Terms permit you to use the Site for your non-commercial use only. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted, are reserved by us. We reserve the right, in its sole discretion, to suspend, limit and/or terminate your access to or use of the Site at any time without notice. Such suspension, limitation or termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

  1. Except as expressly permitted in these Terms, you shall not (i) copy any image, text or other information from the Site; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of any Site; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Site or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Site or Third Party Materials (as defined below), including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Site, or any features, content or functionality of any Site, to any third party for any reason; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site; (vii) use contact information provided on the Site for unauthorized purposes, including marketing; (viii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (ix) make any unauthorized commercial use of any of the Site or their content, including making any collection or use of any product listings, descriptions, prices, or images; (x) conduct fraudulent activities on any Site (including, but not limited to, misrepresenting the identity of a user, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with any Site); (xi) use any Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; or (xii) interrupt or attempt to interrupt the operation of the Site in any way (as determined by us in our sole discretion) (collectively, (i)-(xii) the “License Restrictions”).

  2. You acknowledge and agree that the Site and its content are provided under a limited license, and not sold, to you. You do not acquire any ownership interest in the Site and any portion thereof (including, but not limited to, its content) under these Terms, or any other rights thereto other than your right to make limited use the Site and any portion thereof (including, but not limited to, its content) in accordance with these Terms.

  3. Trademarks, names, logos, product and service names, designs and slogans on the Site are trademarks of FoodTrux, its affiliates, licensors, service providers, or other third parties. Nothing herein or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. The Site and all of their content, including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries. FoodTrux, its affiliates, licensors, and service providers (as applicable) reserve, and shall retain, their entire right, title, and interest in and to the Sites, including, but not limited to, all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

Content and Accounts

  1. Third Party Materials. The Site may display, include, or make available, through links or otherwise, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party website or services (such as social media), including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Your use of and interactions with Third Party Materials is not governed by these Terms, but by the terms of use of the applicable Third Party Materials. THIRD PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK.

  2. Materials Submitted by You. You acknowledge that you are responsible for any material you may submit via the Site (including any Third Party Materials and/or components of the Site administered by third parties, such as tools that allow you to interact with the Site through social media), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the License Restrictions and other provisions contained in these Terms, you may not upload to, distribute or otherwise publish through the Site any content that (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, unauthorized political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload unauthorized commercial content onto the Site.

  3. User Account Creation and Passwords.  By creating an account and using the Site you agree to provide true, accurate, current, and complete information about yourself. Some features on the Site may require use of a password. You alone are responsible for protecting your password. You agree that you alone will be responsible for any and all statements made, and acts or omissions that occur, through the use of your registered account, whether by you or an authorized or unauthorized user of your registered account, and that we will have no liability therefor. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you must notify us immediately. We may assume that any communications we receive from your registered account have been made by you unless we receive written notice otherwise.

LIMITED WARRANTY AND LIMITATION OF LIABILITY.

FoodTrux may collect and may make use of personal information to assist in the operation of our Services and to ensure delivery of the services you need and request.

YOUR USE OF THE SITE AND ANY PART THEREOF IS AT YOUR SOLE RISK. THE SITE AND ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. FOODTRUX, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOODTRUX (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) OR THROUGH OR FROM THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) SHALL CREATE ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FOODTRUX (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK, WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

FURTHER LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOODTRUX, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PRODUCTS, SERVICES, SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE, LINKS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, FORPERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSD BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF FOODTRUX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FOODTRUX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOODTRUX. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FOODTRUX UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Indemnification

You agree to defend, indemnify and hold harmless FoodTrux, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your use or misuse of the products or Site, (c) the content you supply, both solicited and unsolicited, and/or (d) your violation of any terms of use or similar terms offered by the owners or operators of any Third Party Materials.

Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims. We reserve the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, our prior written consent.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maine.

Dispute Resolution and Binding Arbitration

YOU AND FOODTRUX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  2. No Waivers. The failure by us 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 right or provision will be effective only if in writing and signed by a duly authorized representative of FoodTrux.

  3. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  4. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  5. Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

The terms in this Section govern mobile alerts provided by FoodTrux.

Mobile Terms & Conditions: FoodTrux offers its customers mobile alerts regarding promotional messaging by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service: Enrollment in the Service requires you to 1) provide your mobile phone number and to agree to these terms and conditions; or 2) choose not to opt out after receiving an SMS message subsequent to placing a food order at a food truck using FoodTrux point-of-sale services. You may not enroll if you are under 18 years old. FoodTrux reserves the right to stop offering the Service at any time with or without notice.

By consenting to the Service, you:

  1. Authorize FoodTrux to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your consent. To request a free paper or email copy of the consent or to update our records with your contact information, email us at info@FoodTrux.co. To view and retain an electronic copy of these Terms or the rest of your consent records, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive: Once you consent to the Service, your message frequency may vary. You may receive an alert when instances occur such as:

  1. You are welcomed into the Service
  2. An order has been placed
  3. An order is ready for pick up
  4. A FoodTrux food truck is in your approximate area

Charges and Carriers: Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

To Stop the Service: To stop receiving text messages from FoodTrux , text the word “stop” any time to any of the text messages you have received from FoodTrux. If you unsubscribe from one of our text message programs, you may continue to receive text messages from FoodTrux through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions: You can contact us with any questions by emailing info@FoodTrux.co