Terms of Service
Welcome to the website of Food Truck Stars, LLC ("Company", "we" or "us"). The following terms and conditions together with any documents they expressly incorporate by reference, govern your access to and use of www.foodtruckstars.com and mobile.foodtruckstars.com, including any content, functionality, and services offered on or through www.foodtruckstars.com ("the Website"), whether as a guest, registered user, editor, or customer.
Acceptance of the Terms of Service
Changes and Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting updated terms on the Website. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, please do not use, access or continue to access the Website.
Accessing the Website and Account Security
The service is provided As-Is, with no promises or guarantee of stability, accuracy or dependability. We will do our best to ensure that our Website and Services are operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We will provide contact information for our users and will respond at our earliest convenience to all service and help requests. We cannot be held responsible for Internet outages, faulty connections, or other connectivity issues beyond our control.
Notice to our food truck vendors: If you choose, or are provided with an e-mail account, a user name, password or any other piece of information as part of our security procedures, you must treat the information you use to access your account as confidential. Shall you provide access to another party of your account; you are responsible for any and all damages arising from the misuse of your account. We take reasonable measures to protect the user information. However, it is the user's responsibility to ensure that only authorized personnel access their account. We cannot guarantee the safety of that data from theft or vandalism.
We have the right to disable any registered account, user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Service.
External Links and Content
Our Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The extent to which our guests and users are able to contribute content or material to our Website is strictly limited to the food truck's profiles, ratings, reviews, providing and paying for catering leads, and network/blog postings. The food truck's ratings and reviews are written by customers who have purchased food from a particular food truck, visited it or is provided from a third party service, which we have no control over and are not liable for. We cannot ensure their truthfulness or accuracy. Food truck's profiles are composed by the owners of the food truck themselves and are subject to our review. Food truck owners and reviewers are responsible for any material they submit or contribute, and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Users, vendors and guests may use our Website to post, but not limited to: catering leads and pay for them, event details, product offerings, promotional activity and external links. We are not responsible, or liable to any third party, for the content or accuracy of any food truck profile, review, postings posted by any user or transactions between any of the users of the Website. This strictly limited content must in its entirety comply with all applicable federal, state, local and international laws and regulations. We retain the right to remove or refuse to post any content or part of content that violates any applicable laws or regulations.
Our Services are only available for individuals aged 13 years or older. If you are under the age of 13, you must not use this service. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. While persons under the age of 18 may use our Services, adults can only purchase our Services. The purchaser must be a legally authorized user of the credit card or PayPal account used in the financial transaction. If you are under 18, you may only use our Services with the supervision and involvement of a parent or guardian. We reserve the right to refuse our Services to any minor who attempts to purchase Services without the involvement of an adult. By accessing this website, you agree that you meet the all age requirement.
The data that we collect are based on tracking searches performed, purchases and information provided by visitors of the site and it is stored anonymously. This data cannot be traced back to the actual user through our data alone. Through this method, we do not have any way of verifying the user's age, unless a purchase has been done, which should be done in the presence of a legal guardian if under the age of 18.
Denial of Services
We reserve the right to deny our Services at any time and for any reason, including upon suspicion of abuse or impropriety. If we refuse Services, we will notify you within 30 business days with an explanation of the reason of our denial.
Food Truck Vendor's Interaction
The Company is not responsible for any written or oral agreements between the user and the food truck vendor. By using this Website, you agree to hold harmless The Company and any subsidiaries of any misrepresentation by any food truck vendors. All statements and/or opinions expressed by the food truck vendor, and information posted on their profile and other content are solely the opinions and the responsibility of the food truck vendor. The Company is not responsible for any price errors, grammatical mistakes, misinformation on the vendor's profile, or transactions between the vendor and user. These materials do not necessarily reflect the opinions of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any information provided to you by any food truck vendor or any other third party.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any editor or third party.
Copyrights, Trademarks, and Service Marks
The Website and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. Any names, brands, slogans, symbols displayed in our website by our vendor is owned or trademarked by its respective owner or owners. The Company does not take any responsibility for any copyright violation by a vendor, user or any third party.
Affiliations and Endorsements
We are not owned by any particular food truck or food truck organization. We are not affiliated with any organization, business, charity, or academic institution.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Any controversy or claim arising out of or relating to this agreement, or a breach thereof, shall be settled by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.
Governing Law, Jurisdiction and Venue
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).
The Website is controlled and offered by The Company from its facilities in the United States of America. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to content hosted on websites located outside of the United States of America.
You agree to indemnify and hold harmless The Company from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms of Service. You also agree to indemnify and hold harmless The Company from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Limitation of Liability
Except to the extent required by applicable law and then only to that extent, in no event will The Company, its employees, contractors, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Website or Services (or the termination thereof for any reason), even if foreseeable or if any form of notice has been provided.
The Company hereby disclaims all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Violation of this Agreement
Any user who violates this agreement may be blocked from future access from using our services. We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For questions regarding these Terms of Service, please contact us using the information below.
Food Truck Stars, LLC
149 Vane Street
Revere, MA 02151 USA
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
Thank you for visiting the Website!