Terms of Use

Food Moves Inc.

TERMS OF USE - Effective Beginning November 9, 2015

Welcome to Food Moves! The following terms and conditions (the "Terms of Use"), together with the Privacy Policy, and the Purchase Policy, form a binding agreement (the "Agreement") between you and the Food Moves SaaS Application (the "App"), "Foodmoves.me and all other pages under the Food Moves URL umbrella (the "Website"). Please review the Terms of Use carefully. By using the App, Website or any of the Food Moves services, you ("you", "your", or the "user") agree to be bound by the Terms of Use, our Purchase Policy and our Privacy Policy (incorporated here by reference), which constitutes the entire binding agreement between you and Food Moves, and governs your use of the App, the Website and services. If you do not agree to the Terms of Use, you must immediately cease all use of the App, the Website and our services.

Services. The Food Moves App includes capabilities for Food Truck Brands ("Vendors") and Food Truck Customers ("Customers") who register for and maintain an Account.  The Food Moves App currently offers Vendors the ability to list the location of their truck(s), list menu items and prices, and post images and other media content.  The Food Moves App currently offers Customers the ability to follow and favorite Vendors, search for Vendors by location, interact with the Vendors through the Food Moves App, and post images and other media content.  Food Moves also provides insight via the Food Moves App and Website, and post content in conjunction with social media platforms, to give Customers and Vendors the most informative and interactive experience as possible.  Food Moves may curate its own content, and provide such content to Vendors and Customers depending on how Vendors and Customers are interacting with the Food Moves platforms.

Conditions of Use. Vendors and Customers may use our App and Website subject to the Privacy Policy and these Terms of Use. Your permission to use the App and/or Website is conditioned upon your compliance with the Privacy Policy, these Terms of Use, and your agreement that:

  • You are an individual person at least eighteen (18) years of age; or

  • You are the owner or a fully authorized agent of a Food Truck Brand and you are an individual person at least eighteen (18) years of age;

 

and:

  • You possess the legal authority to create a binding legal obligation;

  • You will not copy or distribute any part of the App or our Website or other original content in any medium without the prior written consent of Food moves;

  • Your use of the App and Website will at all times comply with these Terms of Use and the Privacy Policy;

  • The information you submit to register, and to continue to use the App and/or Website is only about yourself or your Food Truck Brand, and all such information is accurate, true, current and complete to the best of your knowledge.

Availability of the App and/or Website. You understand that there may be interruptions in our Services from time to time due to events that are both within and beyond our control. We use reasonable efforts to keep our platforms, including our App and Website accessible. However, the App and/or Website may become unavailable from time to time and for any reason including, without limitation, routine maintenance. You acknowledge that due to circumstances both within and beyond our control, access to the App and/or Website may be interrupted, suspended, or terminated. Food Moves retains the right at our sole discretion to deny Services, or access to the App and/or Website to anyone or to a particular visitor, at any time and for any reason. Food Moves is not responsible for any injury, loss,  damages, claims, or liabilities arising out of your inability to access the App and/or Website at any given time.

Ownership of the App and Website. The information on the Food Moves App and Website and the infrastructure used to provide same, is proprietary to Food Moves, and there may be propriety information of third parties whose products or services are available to research or purchase on our App and/or Website. All content, organization, graphics, design, and other matters related to the App and Website are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to all intellectual property laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, or content obtained from or through the App and/or Website.

Grant of License - Submissions. Food Moves may allow you to submit to the Food Moves App or Website, advice and other information relevant to Food Moves including information concerning Vendors, which may be made available to other Vendors, Customers and visitors of our App or Website. By sending us comments, advice, tips or any other information, you grant Food Moves a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, reproduce, distribute, transit, display, perform, publish, and create derivative works from any information you submit in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Your license of the information you submit extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

Transmission of Information. Because Food Moves does not control the security of the Internet or other networks you use to access the App or Website or otherwise communicate with us, we are not responsible for, the security of information that you choose to communicate with Food Moves via the Food Moves App and/or the Website while it is being transmitted. Food Moves is not responsible for any data lost during transmission.

Prohibited Conduct on the App and/or Website. You agree that you will comply with the law, and with these Terms of Use in all of your interactions on the Food Moves App and Website. To the extent that your conduct (as judged by us in our sole discretion) restricts our Services, or restricts or inhibits any Vendor or Customer from using or enjoying any part of the App and/or Website, we may limit your privileges on the App and the Website, terminate your Account, and seek other available remedies.THE FOLLOWING ACTIVITIES ARE PROHIBITED ON THE APP AND WEBSITE AND CONSTITUTE EXPRESS VIOLATIONS OF THESE TERMS OF USE:

  • Intentionally submitting inaccurate information, committing fraud or falsifying information in connection with your Account or in order to create multiple accounts;

  • Attempting to or accessing data not intended for you, through means like logging into a server or an Account which you are not authorized to access;

  • Attempting to scan or test the security or configuration of the App or Website, or to breach security or authentication measures;

  • Tampering or interfering with the proper functioning of any part, page or area of the App or Website and any and all Services provided by Food Moves;

  • Attempting to or actually interfering with the Services provided to any Vendor or Customer in any manner, including, without limitation, by submitting a virus to the App or Website, or attempting to overload, "flood", "spam", "mail bomb" or "crash" the App or Website;

  • Using the App or Website for any commercial purpose not authorized by these Terms of Use, using the App or Website for a political or religious purpose, or to compete, directly or indirectly with Food Moves;

  • Accessing, monitoring or copying any content or information from the App or Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  • Bypassing or circumventing any measures employed to prevent or limit access to the App or Website, including but not limited to violating the restrictions in any robot exclusion headers;

  • Taking any action that places excessive demand on our Services, or that may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

  • Deep-linking to any portion of the App or Website (including, without limitation, the purchase path for any Subscription or other Product) without our express written permission;

  • Acting illegally or maliciously against the business interests or reputation of Food Moves.

Accounts. You may be given the opportunity to create an Account through the App or the Website.  If the option to create an Account is made available, you may only create and hold one Account with Food Moves at a time, and you are solely responsible for managing it. You must safeguard your user name and password, and supervise the use of your Account. You understand and agree that you are responsible for your own use and use of your Account by others. Your Account is for your own personal use only, and is non-transferrable and may not be sold, combined or otherwise shared with any person.

Active accounts may be used to make any purchases that might be made available through the App or Website.  Active accounts may be used to make purchases on the App or Website only for your own use and enjoyment, or as a gift for another. We reserve the right terminate any account at any time and for any reason. If you violate these Terms of Use, you may forfeit any pending, current or future use of our Services, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the App or Website or in connection with your account, your account will be terminated immediately. We reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the App or Website.

Modification of the Terms of Use. We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. You will be notified of any changes that materially affect your use of the App, the Website or our Services, via e-mail and/or by our posting prominent notice of the change on the App or the Website. Any changes to these Terms of Use will be effected upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our App or Website. Changes to the Terms of Use will not apply to purchases made prior to the effective date of such changes, but the changes will be effective immediately for new users of the App and the Website, and for all purchases made after the effective date of the change. It is important that you revisit our Terms of Use from time to time to ensure that you are up to date with any notifications of changes to the App and the Website and the Terms of Use. Your use of the App and/or the Website or our Services after any update to the App or the Website or to the Terms of Use constitutes your acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect of our Services or the App or the Website.

Trademarks. Food Moves is a trademark of Foodmoves.me. It, and all other marks located on the App and Website are the exclusive property of Foodmoves.me unless a mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Food Moves unless otherwise stated.

Disclaimer. THE CONTENT, SERVICES, AND PRODUCTS FROM OR LISTED THROUGH THE APP AND WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APP AND WEBSITE AND ANY WEBSITE WITH WHICH IT THEY ARE LINKED. THE APP AND WEBSITE MAY CONTAIN BUGS, ERRORS, OR OTHER TECHNOLOGICAL PROBLEMS OR LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APP AND/OR WEBSITE OR OUR SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR OTHER INJURY), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOOD MOVES AND YOU, THE USER. THE APP, THE WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, OR THROUGH ANY OTHER COMMUNICATION WITH FOOD MOVES, SHALL CREATE ANY WARRANTY, REPRESENTATION OR WARRRANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE APP AND WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THE APP AND WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FOOD MOVES APP AND/OR WEBSITE IS AT YOUR SOLE RISK. NEITHER FOOD MOVES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WARRANT THAT YOUR USE OF THE FOOD MOVES APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability. FOOD MOVES, ITS SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS, MEMBERS AND PARTNERS SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP AND/OR WEBSITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, AND THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP AND/OR WEBSITE OR THESE TERMS OF USE. IN NO EVENT WILL FOOD MOVES' LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCTS OR SERVICES. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE-HUNDRED DOLLARS, WHICHEVER IS LESS.

Arbitration Provision. Food Moves promises to use reasonable efforts to resolve any disagreement or dispute that you have with Food Moves. Your use of the App and/or Website constitutes your agreement that, if those efforts should fail, any claim, dispute, or controversy you may have against Food Moves arising out of, relating to, or connected in any way with these Terms of Use, the Privacy Policy, the Services, or the purchase or sale of any Products and Subscriptions, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Food Moves. You further acknowledge and agree that: (1) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (2) arbitration can decide only your and Food Moves' individual claims, and there is no authority for any claims to be arbitrated on a class or representative basis, nor shall there be authority to consolidate or join the claims of other persons or parties who may be similarly situated; and (3) with the exception of subpart (2), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (2) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Food Moves shall be entitled to arbitrate a dispute.

Third Party Applications and Websites. Our App and/or Website may contain links to applications and/or sites maintained by third parties. These links are provided solely as a convenience to you and not  because we endorse or have an opinion about the contents of such applications or sites. We expressly disclaim any representations regarding the content or accuracy of materials on such applications or sites or the privacy practices of those applications or sites. If you decide to access applications or sites maintained by third parties, you do so at your own risk. We strongly urge that you read through all privacy policies and terms and conditions of such third party applications or sites before submitting any information to third party applications or sites.

Indemnification and Release. You agree to defend, indemnify and hold harmless Food Moves, its subsidiaries, affiliates and their respective directors, officers, members, partners, employees and agents from and against any and all claims, liabilities and expenses, including attorneys' fees, arising out of or related to any Services, purchases, or any use of the website in violation of these Terms of Use.  You agree to defend, indemnify and hold harmless Food Moves, its subsidiaries, affiliates and their respective directors, officers, members, partners, employees and agents from and against any and all claims, liabilities and expenses, including attorneys' fees, arising out of any injury or damage you cause to any party as a result of your use of the Application or Site.

Termination. Food Moves may terminate these Terms of Use at any time and for any reason we deem to be necessary or desirable. Without limiting the foregoing, Food Moves shall have the right to immediately terminate or suspend your use of the website and any of your passwords or accounts, if any, in the event The Piggy Book considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use or the Privacy Policy.  

Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or the Services offered by Food Moves shall be filed, and that venue properly lies, only in the state or federal courts located in the State of New Jersey, County of Bergen, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law. Any and all disputes arising out of or related to these Terms of Use and/or any use by you of the App or Website or Services shall be governed by the internal laws of the State of New Jersey, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration Provision shall be governed by the Federal Arbitration Act.

Additional Disclosures. No waiver by either you or Food Moves of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions of this Terms of Use, and the remaining portions shall continue in full force and effect.

Severability. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.