Updates to these Terms and Conditions
We may revise or otherwise change or update these Terms and Conditions. Please check the “Last Updated” legend at the top of this page to see when these Terms and Conditions were last revised. Changes will become effective immediately after they are posted. A current version of the Terms and Conditions showing the effective date is always available at this location. We encourage you to periodically review these Terms and Conditions to see if there have been any changes that may affect you. If you do not agree to the Terms and Conditions as modified, then you must discontinue your use of the Sites. Your continued use of the Sites will signify your continued agreement to these Terms and Conditions as they may be revised from time to time.
Individuals under the age of 18 are not eligible to use these Sites and may not submit any personal information to us. We do not seek to collect information about children under the age of 18, and we will not knowingly do so. By using these Sites, you hereby represent that you are at least 18 years of age.
Restrictions on Use
Provided that you comply with these Terms and Conditions including the restrictions described in this Section, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access, view, and use the Sites, through a generally available web browser or mobile device.
Solely for Personal Use: You may browse the Sites and all associated content solely for your personal use and enjoyment. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
While using the Sites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Sites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Sites or any other user’s use of the Sites. In addition, we expect users of the Sites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate these Terms and Conditions:
use any device, software or routine to interfere with the proper functioning of the Sites;
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
transmit any information, software or other material which contains a virus or other harmful component;
use any software, tool, data, device or other mechanism to navigate or search the Sites other than any search engine provided by Eat Just or generally available browsers;
frame or utilize framing techniques to enclose any aspect of the Sites, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent;
remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites; or
use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of the Sites, including, without limitation:
accessing content or data not intended for you or logging onto a server that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Sites or to collect any information from the Sites or any other user of the Sites;
using the Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Sites.
Any violation of system or network security may subject you to civil and/or criminal liability.
Intellectual Property Rights
All content (Content) available through the Sites are protected by copyrights, trademarks, or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by Eat Just or other rights owner(s), the use of any Content available on the Sites is strictly prohibited.
You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of Eat Just.
Any rights not expressly granted herein are reserved.
Our Right to Use Your Content
From time to time on certain areas of our Sites you may be able to submit photos, recipes, written posts, reviews and certain other materials (“User Content”). You are responsible for any User Content you transmit through our Sites. You agree, represent, and warrant that any User Content you transmit through our Sites or to us is truthful, accurate, not misleading and offered in good faith, that you have the right to transmit such User Content and that User Content submitted will not violate these Terms and Conditions, any law or the rights of any person. You further agree, represent, and warrant that any User Content you transmit through our Sites or to us is not unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined solely by us, and that that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You shall not upload, post, or otherwise make available on or through the Sites any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited User Content sent to Eat Just will be deemed not to be confidential or proprietary.
You also agree that we are free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to us a perpetual, non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license, which includes without limitation the right for us, or any third party we designates, to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, distribute, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) such User Content, your name, image, likeness, statements, and endorsement, as depicted in the User Content, posted by you on or to the Sites or any other website owned by us, including any User Content posted on or to the Sites through a third party, in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through the Site in favor of us. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and Conditions and the license described herein.
You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Sites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
We reserve the right, but not the obligation, to monitor any and all User Content or other materials uploaded or posted to the Sites and reserve the right to edit, move, remove or to refuse to post anything that we, in our sole discretion, view to be in violation of these Terms and Conditions, the law, or is otherwise inappropriate. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. We do not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Sites. Since User Content posted to the Sites may be publicly available, you acknowledge that you do not have any expectation of privacy in relation to your User Content.
By transmitting User Content, you are consenting to its display and publication on the Sites and for related online and offline promotional uses.
We may conduct contests and sweepstakes from time to time. For our contest and sweepstakes terms and conditions, please view the terms and conditions provided to you at the time of entry. Your acceptance of the Contest Rules is a condition of entry.
Third Party Links and Retailers
We may provide on the Sites, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Sites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Eat Just is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of Eat Just.
Further, any reference to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products. We do not control the completion or validity of the transactions of such retailers and vendors or the content of their websites.
You agree that your use of third-party websites and resources, including without limitation your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such websites and resources.
Social Media Pages
For avoidance of doubt, if we provide links to Social Media Pages and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.
Communications / Newsletters
If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.
By subscribing to our newsletters and other communications, you understand that you may receive periodic information regarding current and future services offered by us. You may unsubscribe at any time by clicking the “unsubscribe” link at the bottom of those emails you receive. Please allow ample time for us to process your request. If you are having difficulty unsubscribing, please contact us as set forth below.
Notice of Copyright Infringement
If you believe that any Content on the Sites infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. § 512(c)(3), to our Designated Copyright Agent as set forth below.
Eat Just, Inc. DMCA Agent
Pirkey Barber PLLC
1801 East 6th Street, Suite 300
Austin, TX 78702
Other Policies and Terms
Jurisdictional Issues and Export Control Laws
The Sites are controlled and operated by us from our offices within the United States. Eat Just does not represent or warrant that the sites or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
Content on the Sites may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any such list.
To the extent permitted by applicable law, we make no representations about the reliability of the features of the Sites, the Content, User Content, or any other Sites features. We make no representations regarding the amount of time that any Content or User Content will be preserved. We do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by us without our prior review and written approval.
The sites and the information, graphics, materials and products in the sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the sites, including, but not limited to, the sites’ information, products, graphics and/or other materials, will be available, uninterrupted or error-free, that defects will be corrected, or that the sites, including, but not limited to, the hardware and infrastructure that make them available, are free from viruses or other harmful components. We do not warrant or make any representations regarding the use of the materials in the Sites or third-party sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
Further, all of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Sites, and we do not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer, accurate or complete.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages that result from the use of, or the inability to use, the sites, materials on the sites or the performance of our products, even if we (or our authorized representative(s)) have been advised of the possibility of such damages.
In no event shall the collective liability of us and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers to or through you for all damages, losses, and causes of action whether in contract or tort exceed $100.
Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting directly or indirectly from any violation of these Terms and Conditions, any activity related to your use of the Sites (including negligent or wrongful conduct), or any unsolicited information provided to Eat Just through the Sites, including User Content that you submitted, posted, or otherwise provided to us or this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We may give you responses or notices by e-mail, posting to the Sites or by written communication sent by U.S. Postal Service.
When you use the Sites or send emails to Eat Just, you are communicating with Eat Just electronically. You consent to receive electronically any communications related to your use of the Sites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Eat Just intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Sites.
Governing Law: These Terms and Conditions and your use of the Sites shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice of law provisions.
Timing of Claims: Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises.
Arbitration and Venue: Any dispute relating in any way to your visit to the Sites shall be submitted to confidential arbitration in San Francisco County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the United States, including in San Francisco County, California, and you consent to jurisdiction and venue in such courts in San Francisco County, California. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur) or as otherwise agreed to by the parties.
Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other visitors in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.