Tolofood, Inc. operates its website, located at
www.tolofood.com , and its mobile apps (collectively "Tolofood"). Please read
the following Terms of Use carefully before using Tolofood.
1. Applicability & Acceptance of These Terms of Use
By viewing, using, accessing, browsing, or submitting any content or material on Tolofood, you agree to these Terms of
Use as a binding legal agreement between you and Tolofood, Inc., without limitation or qualification. The term "you"
or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material
to Tolofood.
If you do not agree to these Terms of Use, then you may not use Tolofood. Tolofood, Inc. reserves the right to modify
these Terms of Use at any time without prior notice. You agree that each visit you make to Tolofood shall be subject
to the then-current Terms of Use, and continued use of Tolofood now or following modifications in these Terms of
Use confirms that you have read, accepted, and agreed to be bound by such modifications.
2. User License
Scope
Tolofood, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view Tolofood
and to download, email, share via social networking or print individual pages from Tolofood in accordance with these
Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright
or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information,
content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute,
re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from,
transfer, or sell any information, content, material, software, products or services obtained from Tolofood, except
as specifically noted above. Except as specifically authorized by Tolofood, Inc., you may not deep-link to Tolofood
for any purpose or access Tolofood manually or with any robot, spider, web crawler, extraction software, automated
process or device to scrape, copy, or monitor any portion of Tolofood or any information, content, or material on
Tolofood. Tolofood, Inc. reserves all of its statutory and common law rights against any person or entity who violates
this paragraph. You may not link or frame to any pages of Tolofood or any content contained therein, whether in whole
or in part, without prior written consent from Tolofood, Inc.. You may share links to Tolofood via social networking
technology reference on Tolofood. Any rights not expressly granted herein are reserved.
User Conduct
You agree that your use of Tolofood and or services on Tolofood is subject to all applicable local, state and federal
laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable material;
- not to use Tolofood or their services or submit content to Tolofood if you are under the age of 13;
- not to use Tolofood to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid
photo identification(s) verifying your age at the time of alcohol delivery;
- not to access Tolofood or services using a third-party's account registration without the express consent of the
account holder;
- not to use Tolofood for illegal purposes;
- not to commit any acts of infringement on Tolofood or with respect to content on Tolofood;
- not to use Tolofood to engage in commercial activities apart from sanctioned use of Tolofood, Inc. services;
- not to copy any content, including, but not limited to restaurant menu content, for republication in print or on-line;
- not to attempt to gain unauthorized access to other computer systems from or through Tolofood;
- not to interfere with another person's use and enjoyment of Tolofood or another entity's use an enjoyment of Tolofood;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and or
- not to disrupt, interfere with, or otherwise harm or violate the security of Tolofood, or any services, system resources,
accounts, passwords, servers or networks connected to or accessible through Tolofood or affiliated or linked
sites (including those of our restaurant partners)
Harm from Commercial Use
You agree that the consequences of commercial use or re-publication of content or information from Tolofood may be so
serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Tolofood,
Inc. will be entitled to temporary and permanent injunctive relief to prohibit such use.
3. Termination and Modifications to Tolofood
Tolofood, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time,
with or without notice, Tolofood and/or services offered on or through Tolofood (or any part thereof), including
but not limited to Tolofood's features, look and feel, and functional elements and related services.
4. Indemnity
You agree to indemnify and hold Tolofood, Inc., its parents, subsidiaries and affiliates, agents, officers, directors,
or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including
reasonable attorneys' fees, made by anyone in connection with your use of Tolofood, with your Submissions, with any
alleged infringement of intellectual property or other right of any person or entity relating to Tolofood, your violation
of these Terms of Use, and any other acts or omissions relating to Tolofood.
5. Disclaimer of Warranties
- THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH Tolofood (WHETHER PROVIDED BY Tolofood,
Inc., YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS,
SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tolofood, Inc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPREADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN
ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED
ON OR THROUGH Tolofood. Tolofood, Inc. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT, YOUR COMPUTENDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 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. IN NO EVENT SHALL Tolofood, Inc.'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO Tolofood, Inc. OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100
(WHICHEVER IS LESS).
- YOU AND Tolofood, Inc. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE
MATERIALFAIR AND REASONABLE.
- IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.
7. Your account, password, and security
- Use of Tolofood, Inc. services req, not current or incomplete, or Tolofood, Inc. has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Tolofood, Inc. has the right to refuse
any and all current or future use of Tolofood, Inc. (or any portion thereof).
- You are responsible for maintaining the confidentiality and se to comply with (a) and (b) or for any acts or omissions
by you or someone else using your account and/or password.
8. Links
As a courtesy to you, Tolofood may offer links to other websites. Some of these websites may be affiliated with Tolofood,
Inc. while others are not. Tolofood, Inc. is not responsible for the contents of any website pages created and maintained
by organizations independent of Tolofood, Inc.. Visiting any such third-party website pages is at your own risk.
Tolofood, Inc. has no control of these third-party website pages, nor can it guarantee tic Farm, Inc. is responsible
neither for the availability of, nor the content located on or through any third-party website pages.
9. Trademarks
Marks, logos, and names of Tolofood, Inc., used on or in connection with Tolofood may not be used in connection with
any product or service that is not under Tolofood, Inc.'s ownership or control. Furthermore, such trademarks may
not be used in any manner that is likely to cause confusion amongowledge that such consideration includes, without
limitation, your use of Tolofood and receipt or use of data, content, products and/or services through Tolofood.
11. Jurisdiction, Applicable Law, and Limitations
This Site is created and controlled by Tolofood, Ince year of the time in which the events giving rise to such claim
began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said
courts and consent to extraterritorial service of process.
12. General
Enforceability
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall
bnts regarding Tolofood.
No Waiver
The failure of Tolofood, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute
a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the
Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party
and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority,
interruption of electric or telecommunication services, civil disturbancestic Farm, Inc.
For purposes of providing notice of cancellation or termination, contact us at:
support@tolofood.com.
Effective Date: January 1, 2017