Effective: December 19, 2018.
IMPORTANT: PLEASE REVIEW THE “CONFLICT RESOLUTION” SECTION ESTABLISHED CONTINUED BELOW, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH 360 EATS THROUGH INDIVIDUAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND 360 EATS ARE FITTING EVERY RIGHT TO A JURY TRIAL. YOU ACKNOWLEDGE AND AGREE THAT YOU EXTRACT YOUR RIGHT TO PARTICIPATE AS A MEMBER OR MEMBER OF THE CLASS IN ANY ACTION OR REPRESENTATIVE OF THE CLASS PROVIDED AGAINST 360 EATS . BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO TAKE TIME TO TAKE INTO ACCOUNT THE CONSEQUENCE OF THIS IMPORTANT DECISION.
ABOUT 360 EATS
360 Eats is an online food ordering company dedicated to connecting hungry diners with local restaurants. The 360 Eats app and online service allow you to order food takeout or delivery from several restaurants in Miami-Dade County.
360 Eats is not a restaurant or food preparation entity. The restaurants and other food providers available on our Sites (collectively, the “restaurants”) operate independently of 360 Eats . Restaurants must comply with federal, state, and local laws, regulations, regulations, and standards related to the preparation, sale, and marketing of food, including, but not limited to, the preparation and safety of food and the disclosure of the menu. 360 Eats is not responsible for the preparation or safety of the restaurants and does not verify compliance with all applicable laws. In addition, 360 Eats does not guarantee the quality of what restaurants or other food suppliers sell, nor does it guarantee the services provided by them, including, among others, the cases in which they provide delivery services or contract with another third party.360 Eats does not independently verify, and is not responsible for, the representations made by the restaurants regarding their food, including, without limitation, any descriptor or disclosure at the menu or restaurant level. Some deliveries are provided by the network of independent Delivery Partners (” Driver Partner “) of 360 Eats . The DRIVER PARTNER has entered into agreements with 360 Eats , which require that they comply with all applicable federal, state and local laws, regulations and regulations , including but not limited to traffic laws, the requirements of the Department of Motor Vehicles and the requirements of insurance applicable. 360 Eats will not be responsible for the delivery services provided by the DRIVER PARTNER or the subcontractors of the DRIVER PARTNER , or any error or misrepresentation committed by any of them.
USING 360 EATS
You can only create and maintain an account on each Site for your personal use (an “Account”). By considering the use of the Sites and the services contained therein, you agree that you may create a binding legal obligation with 360 Eats , and you also agree to: (a) provide true, accurate, current and complete information about you and (b) maintain and promptly update the personal information you provide so that it is accurate, accurate, current and complete.
The Sites may allow you to make purchases without an Account or without logging into your Account. If you make a purchase in this way, we can create an Account for you based on the information you provide in connection with the transaction (for example, your name, phone number, email address).
The Sites may allow you to make purchases without an Account or without logging into your Account. If you make a purchase in this way, we can create an Account for you based on the information you provide us in connection with the transaction (for example, your name, phone number, email address and other transaction information). If you are a minor in the jurisdiction in which you reside (generally, under 18), you must have the permission and direct supervision of your parent or legal guardian to use the Sites and your parent or legal guardian. You must read and accept this Agreement before using the Sites. Notwithstanding the foregoing, you are not authorized to use the Sites if you have less than 13 years. If you are using the Sites on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind the Organization of this Agreement and you agree to be bound by this Agreement on behalf of that organization.
If you provide any false, inaccurate, current or incomplete information, including, without limitation, having an invalid or expired payment method on file, or if 360 Eats has reasonable grounds to suspect that any information you provide is false, inaccurate, not current or incomplete, 360 Eats has the right to block your current or future use of the Sites (or any part thereof ) and / or terminate this Agreement with you. If your Account is canceled for any reason or for any reason, you may lose any credit or promotional offer, current or future pending and any other form of value not redeemed in your Account or associated with it without prior notice.
You are responsible for maintaining the confidentiality and security of your account, including your password and, if applicable, any password for Facebook, Google or another user who logs in. You are also responsible for all activities or any other action that occurs or takes place in connection with your Account. You agree: (a) to immediately notify 360 Eats of any unauthorized use or use of your password or Account, or any known or suspected breach of security, including, but not limited to, the loss, theft or unauthorized disclosure of your password or information of the credit card; and (b) be sure to leave your Account at the end of each session. 360 Eats will not be responsible for any injury, loss or damage of any kind arising out of or related to your breach of (a) and / or (b) or for any act or omission on the part of you or another person who is using your Account and / or password.
OUR ALCOHOLIC BEVERAGES POLICY
Some jurisdictions allow the order and delivery of alcoholic beverages. In those jurisdictions, if you place an order that includes any alcoholic beverage, you declare and warrant that you are at least 21 years of age . At the time of delivery or collection, as appropriate, you must present an identification card issued by the government, proving your age, in accordance with the applicable legal requirements. If you do not comply with these terms, you agree that alcoholic beverages will not be delivered to you and you may lose the cost of those beverages.
PAYMENT AND OUR CREDIT POLICY
Certain features of the Sites, including but not limited to placing orders, may require you to make certain payments. When making the payment , these payments are final and non-refundable, unless 360 Eatsdetermines otherwise. 360 Eats , at its sole discretion, can offer credits or reimbursements on a case-by-case basis, including, by way of example, in the case of an error in your order or in the amounts charged to you.
360 Eats will charge, and you authorize 360 Eats to collect, the payment method you specify at the time of purchase. If you pay any amount with a credit card, 360 Eats can request prior authorization of your credit card account before your purchase to verify that the credit card is valid and has credit available for your planned purchase. In the event that 360 Eats advances the payment of any of its orders placed through the Sites, 360 Eats can send you separate invoices for the payment of those amounts advanced. In the event that he does not pay said invoices within thirty (30) days from the date of said invoice (the “Payment Due Date”), he grants 360 Eats the right, but not the obligation, of Charge the credit card you provide , your account at any time after any payment due date, unless prohibited by law.
360 Eats reserves the right to establish, eliminate and / or revise the prices, rates and / or surcharges for any or all services or goods obtained through the use of the services at any time. 360 Eats may also, at its sole discretion, make promotional offers with different features and different rates for any or all of our customers. Unless it is done, these promotional offers will not affect your obligation to pay the amounts charged.
OUR MATERIALS AND LICENSE FOR YOU
With the exception of the User Content (defined below), the Sites and everything contained therein, from text to photos, videos, graphics and software (collectively, the “Materials”) are the property of 360 Eatsor are under your license. The Sites and Materials are protected by copyright, trademark, commercial image, domain name, patent, trade secret, international treaties and / or other property rights and laws of the United States and other countries. Unless otherwise indicated on the Sites and Materials and, except for trademarks, service marks, logos and trade names of other companies displayed on the Sites and Materials, all trademarks, service marks, logos, commercial image and trade names are the property of 360 Eats , including, without limitation, 360 EATS ; 360 ; 360 Eats for restaurants; and the commercial image of 360 Eats . menu and 360Eats.resturants . Keep in mind that 360 Eats enforces its intellectual property rights to the fullest extent of the law.
Subject to compliance with this Agreement, we grant you a limited, non – exclusive, non – transferable, non sub license – licensible, revocable license to access and use the Sites and / or the Materials for your personal, non – commercial use only in the most expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, to all applicable intellectual property laws and Additional Terms (as defined below) contained in the Sites and / or Materials. Any other use of the Sites and / or the Materials is strictly prohibited. The Sites and Materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way and / or modified without our express written permission. Nothing contained in the Sites and / or Materials shall be construed as granting you any license or right to use any of the Materials (except as provided herein) and / or third-party proprietary content on the Sites. without the express written permission of 360 Eats or the corresponding third party owner, as applicable. 360 Eats and the licensors of 360 Eats reserve all rights not expressly granted in this document.
You may not rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble or reduce the Sites and / or Materials, in whole or in part, to a form perceptible by the human being for any purpose, including, without limitation, to create a product and / or competitive service with the Sites and their related services. 360 is not authorized to download any content from the Sites, including, without limitation, the Materials and, if it does, 360 Eats will not be responsible in any way for any damage to your computer system or the loss of data resulting from such download.
YOUR CONTENT AND CONDUCT
I. User behavior
By accessing the Sites, you agree to:
- to comply with all applicable laws regarding your use of the Sites, including, but not limited to, the laws relating to online conduct and the sending of acceptable User Content;
- not use the Sites or the services, nor send content to the Sites if you are under 13 years old;
- not use the Sites to purchase alcohol unless you and the recipient of the alcohol are 21 years of age or older and present a valid photo ID (s) verifying your age or that of the recipient at the time of delivery of the alcohol;
- not accessing the Sites or services using the account / registration of a third party without the express consent of the account holder and not attempting to impersonate another user or person;
- not attempt, by any means, to gain unauthorized access to any part of the Sites and / or any service, other account, computer system or network connected to any 360 Eats server and not use the Sites or services in any other way. so that it can damage, disable, overload and / or damage any 360 Eats server , or the network (s) connected to any 360 Eats server , and / or interfere with the use and enjoyment of the Sites by third parties;
- not advertise or solicit any user, restaurant or other business that buys or sells products or services, or uses the information obtained from the Sites or 360 Eats services to contact, request, advertise or sell to any user, restaurant or other business , in each case, unless 360 Eats specifically authorizes it in writing;
- not to link or frame the Sites and / or access the Sites manually and / or with any robot, spider, web crawler, extraction software, automated process and / or device or other means to scrape, copy and / or monitor any part of the Sites and / or any Material and / or other content on the Sites, unless specifically authorized by 360 Eats in writing;
- not perform scraping, indexing, surveying, data extraction or any other type of systematic data recovery or other content of the Sites;
- not create or compile, directly or indirectly, any compilation, compilation, database or directory of the Site or the Materials;
- not create restaurant reviews or blog entries for or with any commercial or other purpose that does not correspond in good faith to the purpose or spirit of the Sites;
- not copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or obtain an unwanted commercial benefit from incentive offers;
- not harass, molest, intimidate or threaten the employees, contractors or agents of 360 Eats that participate in the provision of any part of the services of 360 Eats ;
- not participate in any criminal or criminal activity, including, but not limited to, fraud, sending spam (including, but not limited to, by email or instant message), sending viruses or other harmful files, infringing rights of copyright, patent infringement or theft of trade secrets or otherwise remove the notice of copyright or other proprietary rights of any User Content (as defined below) or of any part of the Sites or the 360 Eats services;
- not to interrupt, interfere, damage or violate the security of the Sites, or any service, system resources, accounts, passwords, servers or networks connected or accessible through the Sites or affiliated or linked sites (including, without limitation, those of our restaurant partners); Y
- not use the Sites for illegal purposes or in any other way that is not consistent with each and every one of the applicable laws, rules and regulations.
You agree to comply with the conduct of the previous user and agree not to attend or allow any person to participate in any conduct that does not comply with the behavior of the previous user. You further agree that the consequences of commercial use or reissue of User Content or Site Materials or other violations of the above proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that 360 Eats will be entitled to temporary and permanent precautionary measures to prohibit such use or activity without the need to prove damages.
II. Content that you provide
360 Eats can provide you with interactive (i) opportunities on the Sites, which include, among others, features such as ratings and user reviews, saved favorites, items I like and restaurants marked, user profiles and images, as well as ( ii) ) through other communications with you, including, without limitation, through text messages (“SMS”) or multimedia (“MMS”) (collectively, “Interactive Areas”). You represent and warrant that you are the owner and / or have the right to provide all information, comments, comments, ratings, photographs and / or other materials and / or content that you submit, upload, post, publish and / or otherwise make available to 360 Eats through the Sites or in connection with your use of our services, including, without limitation, the information and materials provided or available in connection with any user of Facebook, Google or another third party (“Content of the user”). ). The User Content includes, without limitation, content and textual, visual or audio information, whether transmitted through the Sites, SMS or MMS messages, or otherwise.
III. Use of your content
You grant to 360 Eats sub license – licente worldwide, irrevocable, transferable, paid, royalty-free, perpetual, non – exclusive license to use, copy, display, publish, modify, delete, publicly perform, translate, create derivative works from , distribute and / or otherwise use the User Content in connection with the business of 360 Eats or its partners or affiliates and in all forms of media now known or invented in the future (collectively, the “Uses”) without notice and / or approval by you. In addition, you grant 360 Eats a license to use your user name and / or other user profile information, including, without limitation, your qualification history and the time you have been a 360 Eats eater , to attribute Content to you. User in relation to the Uses, if he chooses to do so, again without notification and / or approval by you. In addition, if you provide suggestions, comments or other comments related to the Sites or the services we provide (collectively, the “Comments”), 360 Eats will have the right to exercise and freely and fully exploit the Comments in relation to our business , or the business of our partners or affiliates, without prior notice, approval or compensation for you. Accordingly, you grant 360 Eats a perpetual, irrevocable, transferable,sublicenseable , worldwide, non-exclusive rights-free license for all rights necessary to incorporate and use the Comments for any purpose.
The User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be published in the public areas of our Sites, including, without limitation, in a compilation format, and as such It will be publicly visible and accessible. In addition, you understand and agree that you may be exposed to User Content from third parties that is inaccurate, objectionable, inappropriate for children or that is not suitable for your purpose. 360 Eats and its partners , subsidiaries, affiliates and each of its officers, directors, employees, successors, assigns, licensees, nominees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be held responsible. and hereby expressly release to the Released Parties, all liability for the action of any and all third parties with respect to your User Content, or for any damages you claim to incur as a result of or in connection with any content of third.
IV. Conduct within the interactive areas
By transmitting the User Content, you agree to follow the rules of conduct set forth below, and any additional rules that may be established on the Sites. We look forward to your cooperation in defending our standards. You are responsible for all your user content. You agree not to provide any User Content that:
- is illegal, harmful to adults or minors, threatening, abusive, harassing, evil, defamatory, vulgar, obscene, profane, offensive, invasive of the privacy of others, hateful and / or racial, ethnic and / or otherwise objectionable ; has a commercial, political or religious purpose;
- it is false, deceptive and / or not written in good faith;
- infringes any patent, trademark, trade secret, copyright, right of privacy and / or publicity, and / or other property rights of any person and / or entity;
- it is illegal and / or promotes illegal activities;
- contains unauthorized advertising and / or solicits users from a company other than the Sites; I
- is intended to interrupt, destroy or limit the functionality or integrity of any software, hardware or computer material on the Sites or other websites.
We do everything possible to promote civility and discourage disruptive communication on the Sites. We also do our best to discourage communications that incite others to violate our standards. 360 Eats can monitor any use of the Sites, including, without limitation, the interactions between our users; However, we are not obligated to do so. We may administer the Sites in a manner that protects our property and our rights and facilitates the proper functioning of the Sites. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with the enjoyment of the Materials or our Sites by other people; or it is inappropriate in our judgment; We reserve the right, at our sole discretion, to change, eliminate or eliminate, in part or in whole, any Content or User Material, and we also reserve the right to cancel or suspend access to any Interactive Area or any Site. . 360 Eats will cooperate with local, state and / or federal authorities to the extent required by applicable law in relation to User Content.
V. Ratings and Reviews
The Sites and other Interactive Areas may allow you to qualify (“Ratings”) and post comments (“Reviews”) of restaurants and other businesses. These Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding the use of Interactive Areas and the rules of conduct of the Sites. 360 Eats does not endorse ratings or reviews, and does not represent the views of 360 Eats or any affiliate or partner of 360 Eats . 360 Eats assumes no responsibility for the Ratings and Reviews or for any claim, liability or loss resulting from the Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Qualifications and Reviews must meet the following criteria: (1) before publishing a Qualification or Review, you must have had a first-hand experience with the restaurant within the 7-day period prior to its review; (2) can not have a property or other affiliation with the restaurant or any of its competitors; (3) can not draw legal conclusions with respect to the products, services or conduct of the restaurants; and (4) your review must comply with the terms of this Agreement.Any Qualification and / or Review that we determine, in our sole discretion, may diminish the integrity of the Ratings and Reviews, the Materials and / or the Sites may be removed or excluded by us without prior notice.
COMMUNICATIONS AND TEXT MESSAGES
By voluntarily providing your cell phone number to 360 Eats , you agree that 360 Eats may communicate with you by telephone, SMS or MMS messages to that telephone number, and hereby agree to receive such communications for transactional, operational or informational purposes. . You understand that such messages can be sent using an automatic telephone dialing system. You can unsubscribe from receiving360 Eats text messages at any time. To revoke your consent to receive 360 Eats SMS or MMS messages , follow the unsubscribe procedures described below.
Diners who place orders through the Sites can receive two or more status messages of 360 Eats orders on each order. To cancel the subscription of the messages related to the order, just answer “STOP” to the number that sends the message. To re-subscribe, send “HOME” to the same phone number associated with your account. If you need help, send “HELP”.
In addition, diners can receive messages from 360 Eats after receiving a completed order requesting comments and / or other information related to the order. You can unsubscribe from all these feedback messages by answering “STOP” to the number that sends the feedback messages. To re-subscribe, send “HOME” to the number that sends the comment messages using the phone number associated with your account. Please note that canceling the subscription to these comments texts will not prevent you from receiving text messages from 360 Eats , the restaurant or your delivery person regarding your order or delivery, unless you also send “STOP” to the number send the messages related to the order, and even in that case, you can still receive individual texts from the restaurant or from your delivery person to allow the successful delivery of your order.
You can also receive text messages in response to certain Customer Service requests. To cancel the subscription of Customer Service messages, just reply to the message by sending the message “STOP” to the number that sent the message.
If you cancel your subscription to receive 360 Eats text messages through the process described above, you can continue to receive text messages for a short period of time while 360 Eats processes your request (s). If you change or deactivate the phone number you provided to 360 Eats , you have an affirmative obligation to update your account information and the phone numbers attached to your account to prevent us from inadvertently communicating with anyone who purchases any number of phone numbers. Phone , previously assigned to you, and any new phone number that you attach to your account can receive standard SMS or MMS messages from 360 Eats , unless your subscription is also canceled through the above procedures.
Standard data and message rates can be applied to SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile operator for more details. Your mobile carrier (for example, T-Mobile, AT & T, Verizon, etc.) is not responsible for delayed or undelivered messages. If you need assistance, call our Customer Service team at 1-8 33 – 360 – EATS .
ADDITIONAL TERMS FOR MOBILE APPLICATIONS
We may have software available to access 360 Eats websites , technology platforms and related online and mobile services through a mobile device (“Mobile Apps”). To use any mobile application, you must use a mobile device that is compatible with that mobile application. 360 Eats does not guarantee that any mobile application is compatible with your mobile device. You can use mobile data in connection with mobile applications and you may incur additional charges from your wireless service provider for these services. You agree that you are solely responsible for such charges. Hereby , 360 Eats grants you a non-exclusive, non-transferable and revocable license to use a compiled copy of the Mobile Applications for an Account on a mobile device that you own or that has been rented exclusively by you, for your use. personal. You acknowledge that, from time to time, 360 Eats may issue updated versions of mobile applications, and may automatically update electronically the version of any mobile application you are using in your mobile device. You accept this automatic update on your mobile device and agree to update the mobile application in a timely manner if there is no automatic update. In addition, you agree that the terms and conditions of this Agreement will apply to all updates of mobile applications. Any third-party code that may be incorporated into the Mobile Applications is covered by the open source EULA or applicable third-party license, where applicable, that authorizes the use of such code. Previous granting license is not a sale of mobile applications or any copy of these , and 360 Eats or its external partners or suppliers reserve all rights, titles and interests in the Mobile Applications (and any copy thereof ). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided in this Agreement, will be void. 360 Eats reserves all rights not expressly granted under this Agreement with respect to Mobile Apps and others. If a Mobile Application is purchased on behalf of the Government of the United States, the following provision shall apply: The Mobile Application shall be considered as “commercial computer software” and “computer software commercial documentation”, respectively, in accordance with DFAR § 227.7202 and FAR § 12.212, as appropriate. Any use, reproduction, publication, performance, display or disclosure of the Sites and any accompanying documentation by the United States Government shall be governed exclusively by this Agreement and is prohibited, except to the extent expressly permitted by this Agreement.Mobile applications originate in the United States and are subject to the export laws and regulations of the United States. Mobile Applications can not be exported or re-exported to certain countries or those persons or entities that are prohibited from receiving exports from the United States. In addition, mobile applications may be subject to the import and export laws of other countries. You agree to comply with all laws of the United States and other countries related to the use of the Mobile Apps and the Sites.mobile applications may be subject to the import and export laws of other countries. You agree to comply with all laws of the United States and other countries related to the use of the Mobile Apps and the Sites.mobile applications may be subject to the import and export laws of other countries. You agree to comply with all laws of the United States and other countries related to the use of the Mobile Apps and the Sites.
The following applies to any mobile application that you purchase from the Apple App Store (“Apple Source Software”): You acknowledge and agree that this Agreement is solely between you and 360 Eats , not Apple, Inc. (“Apple” ) and that Apple has no responsibility for the Apple Source Software or the content thereof . Your use of the Apple source software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the Apple Software. In the event that the Apple Source Software does not comply with the applicable warranty, you may notify Apple and Apple will reimburse you for the purchase price of the Apple Source Software; To the fullest extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple Source Software, and any other claim, loss, liability, damage, cost or expense attributable to any breach of any warranty. shall be governed exclusively by this Agreement and any law applicable to 360 Eats as a software provider. You acknowledge that Apple is not responsible for addressing any of your claims or those of third parties in connection with the Apple Source Software or your possession and / or use of the Apple Source Software, including, but not limited to, the following: (i ) product liability claims; ( ii ) any claim that the Apple Software does not comply with applicable legal or regulatory requirements; and (iii) claims arising from consumer protection or similar legislation; and all of these claims are governed solely by this Agreement and any law applicable to 360 Eats as a software provider. You acknowledge that, in the case of any third party claim that the Apple Source Software or your possession and use of such Source Software infringes the intellectual property rights of that third party, 360 Eats , and not Apple, will be the only responsible for the investigation . , defense, liquidation and discharge of any claim of infringement of intellectual property to the extent required by this Agreement. You and 360 Eats acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to your Apple Software license, and that, once you accept the terms and conditions of this Agreement, Apple will do so. You have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary in connection with your license of the software of Apple origin.
The following applies to any mobile application that you purchase from the Google Play Store (“Google Source Software”): (i) you acknowledge that the Agreement is only between you and 360 Eats , and not with Google, Inc. (“Google”) ); ( ii ) your use of the Google Source Software must comply with the current Google Play Store Terms of Service; ( iii ) Google is only a Google Play Store provider where you obtained the Google Source Software; ( iv ) 360 Eats , and not Google, is solely responsible for your software originating in Google; (v) Google has no obligation or liability to you with respect to the Google Source Software or the Agreement; and (vi) you acknowledge and agree that Google is a third party beneficiary of the Agreement in relation to the Google 360 Eats Software .
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPLICIT OR IMPLIED, UNLESS ALLOWED IN THE WRITING SOMETIMES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ANY OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS, IMPOSED TAX EXECUTION, TAX EXEMPTION TAXES, PARTY TAXES, TAX EXECUTION TAXES, TAXES FOR PARTICIPATION, TAXES FOR PARTICIPATION, TAXES FOR PARTICIPATION IN THE PLACE FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. 360 EATS DOES NOT REPRESENT OR WARRANT THAT THE SITES, MATERIALS AND / OR OTHER CONTENT OF THE SITES WILL BE SECURE, UNINTERRUPTED AND / OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND / OR THAT THE SITES, THE MATERIALS, AND / OR OTHER CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 360 EATS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS, AND / OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, DATE OF HOUSING, COMMITMENT, ATTENTION OF RISK. OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SECURITY, QUALITY AND / OR TIME OF AN ORDINATED DELIVERY ON THE SITES, AND / OR FEEDING OR OTHER PRODUCTS DELIVERED. YOU (AND NOT 360 EATS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO THE USE OF THE SITES, MATERIALS AND OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY COMPLETELY TO YOU.
360 EATS WILL NOT BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM CAUSES BEYOND REASONABLE CONTROL OF 360 EATS , INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS RELATED TO INTERNET USE AND ELECTRONIC COMMUNICATIONS. 360 EATS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
360 EATS IS RELATED TO RESTAURANTS AND OTHER FOOD AND BEVERAGE PROVIDERS OF THIRD PARTIES TO PROVIDE ACCURATE ALLERGY AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. 360 EATS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY, OPERATION DESCRIPTION, OR REVISIONS . ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. TRUST IN ANY INFORMATION PROVIDED THROUGH THE SERVICE IS ONLY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITION AND ALLERGEN INFORMATION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 360 EATS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDEPENDENT OR INDIGENOUS DAMAGE TO THE INDEPENDENT PIECE OF ADMINISTRATION. , BENEFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGES), EVEN IF 360 EATS HAS BEEN ADVANCED PRIOR TO THE POSSIBILITY OF SUCH DAMAGES, CAUSED BY A WARRANTY, CONTRACT OR NEGLIGENCE, THAT ANY WAY IS ALLOWED IN MORE DETAILS. USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED THROUGH THE SITES. 360 EATS DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTIES ON THE BASIS OF YOUR ACCESS, USE, EXAMINATION OR DOWNLOAD OF ANY MATERIALS FROM THE SITES. 360 EATS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, ALSO ANY THIRD PARTY OR ADDITIONAL WEBSITE FOR ANY ERRORS, DEFAMATION, LIBEL, LEVERAGE, OMISSION, FALSE, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY, OR DAMAGE TO THE PERSON OR PROPERTY CAUSED HERE. THESE LIMITATIONS WILL APPLY WITHOUT ANY LACK OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT, THE TOTAL RESPONSIBILITY OF 360 EATS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE WARRANTY, THE CONTRACT EXCEED THE AMOUNT PAID BY YOU TO 360 EATS TO A RESTAURANT OR $ 1,000 (WHATEVER IT IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY LINKS
The Sites may contain links to websites that are owned, controlled, developed, sponsored and / or maintained by third parties and that may be subject to additional terms and conditions (“Third Party Websites”). 360 Eats does not review, monitor, operate and / or control third-party websites and 360 Eats makes no warranties, representations and / or guarantees as to, and will have no responsibility for, the content available on or through and / or the operation of third-party websites. By providing access to third-party websites, 360 Eats does not recommend or endorse the products and / or services provided by the sponsors and / or owners of said websites. Your access and / or use of third-party websites, including, without limitation, the provision of information, materials and / or other content to third-party websites, is entirely at your own risk. 360 Eats reserves the right to interrupt links to third party websites at any time and for any reason, without prior notice.
Membership inte 360 Eats Rewards Program (“Program”) is open to individuals who are residents of the 50 states of te U.S and PR, and who are 18 years of age or older (each a “Member” or “you”). You are automatically enrolled in the Program when you signup. Rewards Points & Rewards: For each $1 spent at 360eats.menu or 360 Eats APP, you will receive 2 360 Eats Rewards Points (“point”) up to de Point Maximum. The maximum number of points that you can receive for a single purchase transaction is 2.000 points (“Point Maximum”) regardless of tehe amount of te qualifying purchase. Points are issued with respect to 360eats.menu orders (or in-APP) when payment card is charged and item(s) have delivery. If you return or cancel the order, the points you received for that order will be deducted from your Program account.
360 Eats respects the intellectual property of others and we ask all our users to do the same. If you believe that your copyrighted work has been copied and can be accessed on the Sites or on a website through which our services can be accessed in a manner that constitutes copyright infringement, please provide the Copyright Agent of 360 Eats (as set forth below) a notice containing the following Information required by the Digital Millennium Copyright Act , 17 USC §512 (“DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright of the work that is allegedly infringed;
- Identification of the copyrighted work that is alleged to have been infringed, or, if several copyrighted works are allegedly infringed, a representative list of such copyrighted works;
- Identification of the material that is claimed as infringing and that must be removed or whose access should be disabled, and information reasonably sufficient to allow us to locate the allegedly infringing material, for example, the address of the specific web page on the Sites;
- Information reasonably sufficient to allow us to contact the party alleging the violation, including an email address;
- A statement that the party alleging breach good faith belief that use of the work copyrighted in the way it is claimed is not authorized by the owner of the copyright or his agent, or is not allowed by the law; Y
- A statement that the information in the notification is accurate and, under penalty of perjury, that the party alleging the violation is authorized to act on behalf of the copyright owner of the allegedly infringed work.
Send this notice to our copyright agent at: 360 Technologies USA LLC , Attention:. Agent copyright 8333 NW 53rd St. Suite 450 , Doral , Florida 33166 .
UNDER FEDERAL LAW, IF YOU ARE BAD REPRESENTING THAT INFRINGED ONLINE MATERIAL, YOU MAY BE SUBJECT TO CRIMINAL PROMOTIONS FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS AND FEES.
Please note that this procedure is exclusively for notifying 360 Eats and its affiliates that their copyrighted material has been infringed. The above requirements are intended to comply with the rights and obligations of 360 Eats under the DMCA, including 17 EE. UU §512 (c), but do not constitute legal advice. It may be advisable to contact a lawyer regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, 360 Eats has adopted a policy to terminate, in appropriate circumstances, users who are considered repeat offenders. 360 Eats may also, in its sole discretion, limit access to the Sites and / or cancel the Accounts of any user that infringes the intellectual property rights of others, whether or not there is a repeated infringement.
TERMINATION AND VIOLATIONS OF THE AGREEMENT
Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. In addition, 360 Eats reserves the right, in its sole and absolute discretion, to modify, suspend or discontinue at any time, with or without notice, the Sites and / or services offered through the Sites (or any part thereof). ), included but not limited to the features, appearance and functional elements and related services of the Sites. We will not have any responsibility for any change in the Sites or the suspension or termination of your access or use of the Sites. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Applications (if applicable) and ceasing to use the Sites and the services provided in this document.
Upon termination of this Agreement for any reason or for no reason: (i) your access rights will terminate and you must immediately cease any use of the Sites; and ( ii ) any provision of this Agreement that contemplates or governs the performance or observance subsequent to the termination of this Agreement will survive the termination of this Agreement, including, but not limited to, the following sections: (i) “Its content and conduct” ; ( ii ) “Disclaimer”; ( Iii ) “Limitation of liability”; ( Iv ) “Termination and violation of this Agreement”; (v) “Dispute Resolution” and (vi) “Renunciation and Severability”.
360 Eats reserves the right to search all resources available by law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Sites from an account, device and / or IP address in particular.
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by law or otherwise, without our prior written consent. We may assign this Agreement, in whole or in part, at any time, to any entity without your notice or consent. Any alleged assignment made by you in violation of this section will be null and void.
CHANGES TO AGREEMENT
LAW THAT RIGE
You acknowledge and agree that your access and / or use of the Sites, Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida , without regard to its principles of conflict of laws.
I. Arbitration and waiver of class action.
II. Arbitration rules
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer-Related Disputes (the “AAA Rules”) in effect, except as modified by this “Resolution of Disputes”. section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Law will govern the interpretation and enforcement of this section.
III. Arbitration process
A party wishing to initiate an arbitration must provide the other party with a Written Arbitration Claim as specified in the AAA Rules. (The AAA provides a Request for Arbitration form at https://www.adr.org/sites/default/files/Demand%20for%20Arbitration%20Consumer%20Arbitration%20Rules.pdf and a separate affidavit for the fee waiver for California residents only at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf.) The arbitrator will be a retired judge or an attorney licensed to practice law in the county in which he or she resides and will be selected by the parties from the AAA’s list of consumer dispute arbitrators.If the parties can not reach an agreement on an arbitrator within seven (7) days after the delivery of the Arbitration Claim, then the AAA will designate the arbitrator in accordance with the Rules of the AAA.
IV. Arbitration Location and procedure
Unless you and 360 Eats agree otherwise, the arbitration will take place in the county where you reside. If your claim does not exceed $ 10,000, then the arbitration will be conducted solely on the basis of the documents you and 360 Eats submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $ 10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information between the parties, in accordance with the accelerated nature of the arbitration.
V. Decision of the referee
The referee awards a to resolution within the time specified in the Rules of the AAA. The arbitrator’s decision shall include the essential findings and conclusions on which the arbitrator based the award. The ruling on the arbitration award can be registered in any court that has jurisdiction over it. The damages awarded by the arbitrator must be consistent with the terms of the “Limitation of liability” from the previous section regarding the types and amounts of damages for which a party can be held liable. The arbitrator may grant a declaratory or injunction remedy only in favor of the claimant and only to the extent necessary to provide relief justified by the claimant’s individual claim. If it prevails in the arbitration, it will be entitled to the award of attorneys’ fees and expenses to the extent provided in the applicable law. 360 Eats will not seek, and hereby waives, all rights that 360 Eats may have under the applicable law to recover attorneys’ fees and expenses if 360 Eats prevails in the arbitration.
Your responsibility to pay the filing, administration and arbitration fees of the AAA will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $ 25,000, 360 Eats will pay all those fees, unless the arbitrator determines that the substance of your claim or the relief requested in your arbitration Claim was frivolous or was brought with an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)).
360 Eats reserves the right to change this “Dispute Resolution” section, but such changes will not apply to disputes that arise before the effective date of such amendment. Notwithstanding the provisions of the provisions related to modifications mentioned above, if 360 Eats changes this “Dispute Resolution” section after the date you accepted this Agreement for the first time (or accepted subsequent changes to this Agreement), you agree that continue to use the Sites after said Acceptance of said changes will be considered as change. If you do not agree to such a change, you may refuse any such change by sending 360Eats a written notice of such refusal by mail or personally delivered to:360 Technologies USA LLC , Attn : Dispute Resolutions , 8333 NW 53rd St. Suite 450 , Doral , Florida 33166 , or by email from the email address associated with your account to: info @ 360 techusa .com, within 30 days after the date on which said change became effective, as indicated on the previous “Effective” date. To be effective, the notice must include your full name and clearly indicate your intention to reject changes to this “Dispute Resolution” section. By refusing the changes, you agree that you will arbitrate any dispute between you and 360 Eats in accordance with the provisions of this “Dispute Resolution” section from the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable) . ) .
DISCLAIMER AND SEPARABILITY
Any waiver by 360 Eats of any provision of this Agreement must be in writing. If it is determined that a part of this Agreement is null, void or unenforceable, that part will be considered superseded by a valid and enforceable provision that matches the intent of the original provision as close as possible, except that, in the case of the inapplicability of the class action waiver, the entire arbitration agreement will be inapplicable. The remainder of this Agreement will continue to be enforceable and valid in accordance with the terms contained in this document.
This Agreement, together with any amendment and any additional agreement you may enter into with 360 Eats in relation to the Sites and the services listed below, shall constitute the entire agreement between you and 360 Eats in relation to the Sites and the services listed therein. continuation.
If you have any questions about this Agreement, visit our “Contact Us” page for answers and our contact information.