CRAVE LOCAL ® TERMS AND CONDITIONS
As of January 1, 2013
IMPORTANT: ALL USERS MUST READ THESE TERMS
Acceptance of Terms and Conditions
Changes to the Terms and Conditions
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.
By placing an Order, you make an offer to us to purchase the products and services you have selected based on the Crave Local Terms and Conditions set forth herein. Please see our sections regarding Crave Local Deals, Crave Local Full Price Gift Cards (“Gift Cards”), Gift Certificates, Crave Local Points, Crave Local Coupons as well as any additional terms herein.
You are required to create an account in order to purchase any product or service, or to redeem a gift from the Website. This is required so we can provide you with easy access to print and/or access your orders on mobile, view your past purchases and/or gifts, and modify your preferences, as well as determine that you are of legal drinking age for your city, state, or country. Creation of an account requires providing a valid email address. You must be of legal drinking age to use the Crave Local site or mobile application (“Application”). If you are not of age, you must leave this site.
To read the complete Crave Local Terms and Conditions, please see below.
Crave Local Terms and Conditions
All Terms and Conditions apply to both the Conditions for Purchase of Services and Discounts and Conditions for Use of Website.
I. CONDITIONS FOR PURCHASE OF SERVICES AND DISCOUNTS
By placing an order, you make an offer to us to purchase the discounted promotional certificates number or code (“Voucher(s)”) you have selected based on these Terms and Conditions.
Crave Local reserves the right at all times to discontinue or modify any of these Terms and Conditions at our sole discretion without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. You acknowledge that it is your responsibility to review these Terms and Conditions prior to logging in to your account. If we make changes to these Terms and Conditions and you continue to use our Website or Services, including, but not limited to, by logging into your account, you are agreeing to and accepting these Terms and Conditions.
As used herein:
“Crave Local Deals”- Refers to discount codes that can be accessed or printed and then redeemed to obtain a reduction in the price of for the service or product identified on such promotional certificate.
“Crave Local Gift Cards” – Refers to store credit certificates or gift cards offered by the Website that entitle the holder to redeem the face value of the certificate for an equivalent face value amount at any designated Crave Local website for any venue-specific Gift Certificate offered at the time of redemption at that website.
“Crave Local Coupons” – Refers to Merchant-specific promotional coupons that can be accessed or printed by an End User for redemption of points or for purchase, and then redeemed at one of Crave Local’s partners to get a reduction in the price of merchandise sold by that particular merchant on its website or retail location.
“Crave Local Points” – Refers to points accumulated through use and interactivity with the network. Points have no monetary value, and cannot be used outside of Crave Local.
2. Discount Pricing and Availability
Crave Local does not guarantee availability of Discount on our Website, and reserves the right to modify or discontinue Discounts at any time, or to add fees at any time. All Discounts are subject to change, and pricing and participation of affiliated restaurants may vary. Limited quantities of certain Discounts may be available and any offers are good only while supplies on the Website, or any affiliate website, last.
3. Crave Local Promotional Codes (referred to as “Promo Codes”)
If you obtain a Promo Code that can be used to reduce the purchase price of a Crave Local Discount, please note the following:
* Any percentage offer is off the retail price of a Discount on the Crave Local Website, as posted on the Website at the time of purchase.
* Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions or offers.
* Promo Codes may not be applied when redeeming a Crave Local Deal or Crave Local Gift Card.
Discounts may or may not be applied automatically. Regardless, under no circumstances will Crave Local be liable for failure to properly apply a Promo Code. The End User bears full responsibility for any error and any related bank fees, and we encourage all End Users to review their orders prior to submission.
Redemption of any Promo Code requires the End User to agree to the Terms of this Agreement.
The voucher you purchase through Crave Local is redeemable for goods or services by the Merchant. The Merchant, not Crave Local, is the seller of the goods and services and is solely responsible for redeeming any voucher you purchase. Crave Local sells a discounted Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
4. Terms and Conditions for Restaurant or Food and Beverage Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of vouchers.
* Redemption frequency is determined by Restaurants, and shall be contained in the voucher offer on the Site.
* Use of Restaurant-Specific deal vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
* Vouchers cannot be combined with any other restaurant Deals, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
* Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
* Valid for dine in only unless otherwise stated.
* The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
* Neither Crave Local nor the Restaurant is responsible for lost or stolen vouchers or restaurant voucher reference numbers.
* Reproduction, sale or trade of a Restaurant-Specific Vouchers is prohibited unless done so in compliance with applicable law.
* Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific voucher void.
* Void to the extent prohibited by law.
If you redeem the voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the deal voucher exceeds the amount you redeemed. For example, if you paid $20 for a deal voucher which entitles you to purchase $50 of product by April 1, 2011 and you make a purchase for $40 on March 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value, either, because the amount you redeemed is more than what you paid for the deal voucher.
All purchases of deal vouchers for Restaurants may have statutory limitations on the amount of the voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Deals for Restaurants in Ohio, the redemption of the deal voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming deal vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such deal voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Crave Local’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Crave Local has no role in such determination or action on the part of the Merchant.
5. Terms and Conditions for Non-Restaurant Merchant Vouchers
* Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
* Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
* The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
* Neither Crave Local nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
* Voucher cannot be combined with any other Voucher, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
* Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
* Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
* Void to the extent prohibited by law.
If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by April 1, 2011 and you make a purchase for $40 on March 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
Crave Local Coupons are offered as a discount off services or products by Restaurant and Merchants within our network. Coupons have no monetary or cash value, and can be obtained via points redemption or purchase, as available. There are no refunds on coupons.
Points are used for tracking locations visited, deals shared, and other in-network activity. Points have no monetary or cash value, and cannot be redeemed as such. It is up to each venue to put a discount value on points as they see fit, and redemption will vary. Points may be , at some future date, converted into badges, or other forms of recognition for participation within the network.
Expiration of Points. Currently points do not expire. However, Crave Local reserves the right to place expiration dates on all current and future points.
8. Additional Terms and Conditions for All Crave Local Vouchers.
All Vouchers shall be subject to the terms and conditions of Crave Local and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Deal is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Deals or portions thereof. You waive, and release Crave Local and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Crave Local Vouchers and Coupons are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Deal for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Deal which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Deal. While the expiration date on the Deal dictates the last date that you can use your Deal at Merchant for the promotional offer stated on Crave Local, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Deal for a period of time beyond the expiration date stated on the Deal. In other words, you should be allowed to redeem the cash value (or purchase price) of your Deal up until the greater of: (1) the Deal’s expiration date; or (2) the minimum length of time allowed by applicable law for a Deal to expire. In the event that you have an expired Deal and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Deal, and if applicable law entitles you to such redemption, then please contact Crave Local [and explain your situation in writing] and Crave Local will refund the purchase price of the Deal in either U.S. Dollars or credit for purchases of future Deals from Crave Local.
9. Special Terms for Venue Profiles
If you have a Venue or Business Profile on Crave Local, you also agree to the following:
Venue Profiles (“Pages”) are special pages that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
You may only administer a Page if you are an authorized representative of the subject of the Page. All Content posted on the Pages will be made available to all users of the Services. You may not display any Content on your Page that is an ad or could be construed as an ad, unless approved of and published through the Crave Local network.
Your Page will not be used primarily or substantially to promote or advertise tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors. You will not direct your Page, or any Content on your Page, to children under the age of 13. You agree and acknowledge that customers purchasing Gift Cards, Coupons, Deals, or other related discounts, and redeeming such for alcohol products will be age verified prior to purchase, and no such purchase or redemption will be honored for those under the legal drinking age. You agree not to serve alcohol to any consumer who appears to be already intoxicated.
You will not use deceptive practices to get users to “follow” your Page.
Special Terms for Verified Venues
If you are the verified representative of a venue, you also agree to Crave Local’s Venue Terms and Conditions.
10. Terms and Conditions for Crave Local Vouchers and Crave Local Gift Cards
You are required to create an account when redeeming a Crave Local Voucher or Gift Card on any of our Websites, including any gift, incentive, or loyalty solutions websites. This is required so we can track your past orders and provide you access to your Deals and Crave Local Coupons. All Crave Local Vouchers and Crave Local Gift Cards are subject to the following additional terms and conditions:
* Crave Local Vouchers and Crave Local Gift Cards may be redeemed solely for discounts or promotional codes at designated Crave Local Websites.
* Crave Local Vouchers and Crave Local Gift Cards have no cash value and are not redeemable for cash at any time.
* Crave Local Vouchers and Crave Local Gift Cards are for personal use only.
* Unauthorized reproduction, resale, modification, or trade of Crave Local Voucher or Crave Local Gift Cards is prohibited.
* Crave Local is not responsible for lost, stolen or damaged Crave Local Vouchers or Crave Local Gift Cards, including those that may be lost in transmission.
* Crave Local does not guarantee delivery times of any shipments from merchants, or otherwise; all delivery times given are estimates and Crave Local is not liable for any shipping delays.
* Crave Local is not liable for undeliverable shipments. In the event an item is returned as undelivered, if we (not a 3rd party merchant) have attempted to ship an item directly to you, Crave Local will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment.
* Crave Local Vouchers and Gift Cards may be returned within 5 (calendar) days of purchase. After 5 days, no refunds will be given.
* Crave Local Vouchers, Coupons, or Points currently cannot be used to purchase a Crave Local Gift Card. Points may be used to purchase a Deal Voucher or a Coupon, if specifically stated in the terms of the promotion.
CRAVE LOCAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CRAVE LOCAL DEALS OR CRAVE LOCAL GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The expiration date for a Voucher is as printed on the Voucher or Coupon.
If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Crave Local will refund the paid portion of your Voucher in the form of a credit for future Vouchers. In order to receive the credit, you must provide the following information in writing to [email protected] Local.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
Subversion of Terms
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. LivingSocial will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
11. Additional Terms and Conditions for all Crave Local Services and Discounts
This section applies to all Discounts acquired from the Crave Local Website or any derivative or affiliated website associated with Crave Local, including any Crave Local Vouchers, Restaurant-Specific Vouchers, Crave Local Coupons, Crave Local Deals, and Crave Local Gift Cards (collectively hereinafter “Vouchers”). All Vouchers are promotional vouchers that are offered to customers at or below their face value and may require (according to the Terms of each Voucher) additional consideration to be paid to the participating restaurants and merchants .
By purchasing a Voucher, a customer acquires the right to print or access a Discount in the form of a promotional certificate or code via Web or Application, issued by any one of the numerous participating non-affiliated restaurants and merchants. Upon completion of such purchase, the customer acquires that right and has that right delivered to him or her. Whether the customer chooses to print or access the Discount is at the customer’s sole discretion. Whether the customer chooses to use the Discount at the participating restaurant or merchant after accessing it to get a reduction in price of a meal or a purchase is at the customer’s sole discretion. Crave Local and the participating restaurants and merchants encourage customers to present the Discounts at the restaurants and merchants selected by the customers specified on the promotional certificates to obtain the reduction in the price of their purchase, as well as to participate in the Crave Local Loyalty Program.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Non-Restaurant Specific Voucher is a merchant or restaurant. As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed vouchers. Vouchers are redeemable in their entirety only and may not be redeemed incrementally, unless otherwise stated by law.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
II. CONDITIONS FOR USE of WEBSITE or APPLICATION
“Crave Local” provides an interactive promotional online service operated by Crave Local.com on the World Wide Web of the Internet (the “Web”)as well as via mobile device application (“Application”), consisting of information services, content and transaction capabilities provided by Crave Local, affiliates of Crave Local and other third parties.
These Terms and Conditions govern the use of this Website by the End User. By using this Website (other than to read this Agreement for the first time), or by creating an account, End User agrees to comply with all of these Terms and Conditions. The right to use this Website is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Crave Local, and Crave Local shall not be responsible for any data lost while transmitting information on the Internet. While it is Crave Local’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Crave Local, access to the Website may be interrupted, delayed, suspended or terminated from time to time, and that such interruptions or delays do not grant upon the End User any rights or entitlements.
Crave Local shall have the right at any time to change or discontinue any aspect or feature of Crave Local, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Crave Local may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Crave Local shall not be liable for any damages to the End User’s equipment resulting from the use of this Website.
4. End User Conduct and Content Submissions.
If any End User (including bloggers) choose to use access on Crave Local to syndicate their own blogs or content, such may be permitted with the approval of Crave Local’s editorial staff. End Users should not sell or attempt to circumvent advertising on Crave Local for their own benefit (e.g., selling an advertiser from their own site, and then attempting to place paid content on Crave Local). All sponsored posts must be obviously disclosed and are subject to review. Advertising content types may be in the form of native ads, sponsored stories, and brand inclusion within recipes. Recipes submitted to Crave Local for syndication are subject to editing, and my require the removal of brand mentions, if they are suspected to be a paid campaign from End User’s other websites or content distribution channels. Direct marketing, ‘get rich quick’, and pyramid scheme type content or products are explicitly not allowed on Crave Local, and as such, are subject to removal and the End User banned from site use.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Crave Local, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of Crave Local, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF CRAVE LOCAL, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Crave Local protected by copyright as a collective work under the United States copyright laws. Crave Local owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Crave Local and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with Crave Local shall not be deemed to be in the public domain but rather the exclusive property of Crave Local, unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Crave Local, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Crave Local does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted Crave Local the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants Crave Local the right to edit, copy, publish and distribute any material made available on this Website by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Crave Local, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER CRAVE LOCAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES.
THIS WEBSITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT CRAVE LOCAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL CRAVE LOCAL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CRAVE LOCAL, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CRAVE LOCAL IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY CRAVE LOCAL. MOREOVER, CRAVE LOCAL RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, CRAVE LOCAL, DEEMS UNSUITABLE.
IN NO EVENT SHALL CRAVE LOCAL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT CRAVE LOCAL, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
* INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
* LOSS OF ACTUAL OR ANTICIPATED PROFITS;
* LOSS OF REVENUE;
* LOSS OF GOODWILL;
* LOSS OF DATA;
* LOSS OF ANTICIPATED SAVINGS;
* WASTED EXPENDITURE; OR
* COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
Crave Local shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Crave Local, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Crave Local shall have the right to remove any material that Crave Local, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant.
By posting communications on or through this Website, End User shall be deemed to have granted to Crave Local a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Additional information on Content Licensing can be found here.
You agree that to the fullest extent permitted by law You shall defend, indemnify and hold harmless Crave Local, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys’ fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), Your use of this Website, and/or Your purchase or use of anything available through Crave Local and/or this Website (including, but not limited to, the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, Crave Local Deal, or Crave Local Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, Crave Local Deal, or Crave Local Gift Card), provided that: (1) such claim, damage, loss, cost, or expense is caused or alleged to be caused by Your negligent acts, negligent omissions, and/or fault, regardless of whether caused in part by the negligent act, negligent omission, or fault of a party indemnified hereunder; or (2) such claim, damage, loss, cost, or expense is caused or alleged to be caused by the negligent acts, negligent omissions, and/or fault of Crave Local, its affiliates and their respective directors, officers, employees and agents and provided such claim, damage, loss, cost, or expense is not caused by the sole negligence or fault of a party indemnified hereunder.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Crave Local may terminate this Agreement at any time. Without limiting the foregoing, Crave Local shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Crave Local, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 4, 5, 6, 9, 10, 12, 13, 14, 15, and 16 will survive termination of this Agreement.
Crave Local is a trademark of The Root List Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Crave Local are the property of their respective owners.
13. Third Party Content.
Crave Local, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Crave Local has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Crave Local. Neither Crave Local nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Crave Local. Crave Local neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Crave Local by anyone other than authorized Crave Local employee spokespersons while acting in official capacities. Under no circumstances will Crave Local be liable for any loss or damage caused by End User’s reliance on information obtained through Crave Local. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Crave Local.
Crave Local contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Crave Local of the contents on such third-party websites and Crave Local hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Crave Local expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Crave Local reserves the right to revoke its consent to any link at any time in its sole discretion.
14. Applicable Law
Crave Local’s headquarters are in Orlando, Florida. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through Crave Local and/or the Website (including the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, Crave Local Deal, or Crave Local Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, Crave Local Deal, or Crave Local Gift Card) shall be governed by and in accordance with the laws of the State of Florida (exclusive of its rules regarding conflict of laws).
15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
ALL DISPUTES SUBJECT TO THIS AGREEMENT SHALL BE RESOLVED IN BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1, ET SEQ. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION AND ACKNOWLEDGE THAT YOU ARE FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. THE RULES IN ARBITRATION ARE DIFFERENT AND REVIEW IS LIMITED. AN ARBITRATION CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THE AGREEMENT AS A COURT WOULD.
a. DISPUTES SUBJECT TO ARBITRATION
YOU AND WE BOTH AGREE THAT ANY CONTROVERSY OR CLAIM (INCLUDING CLAIMS ALLEGING VIOLATIONS OF COMMON LAW AND/OR ANY AND ALL STATE OR FEDERAL STATUTES OR REGULATIONS) ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING THE PERFORMANCE, BREACH, OR TERMINATION OF THIS AGREEMENT AND/OR THE PURCHASE OF ANYTHING PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT), YOUR USE OF THE WEBSITE, AND/OR YOUR PURCHASE OF ANYTHING AVAILABLE THROUGH CRAVE LOCAL AND/OR THE WEBSITE (INCLUDING the purchase of the right to print a Crave Local Voucher, and/or the use of a Crave Local Voucher) WILL BE SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT.
THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE FORUM FOR RESOLVING DISPUTES.
b. ATTORNEYS’ FEES MAY BE RECOVERED IN ARBITRATION
IN AN ARBITRATION, YOU AND WE BOTH AGREE TO BE RESPONSIBLE FOR PAYMENT OF OUR OWN ATTORNEYS’ FEES. HOWEVER, IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD ATTORNEYS’ FEES.
c. LOCATION OF ARBITRATION
YOU AND WE BOTH AGREE THAT ANY ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT SHALL OCCUR IN ORLANDO, FLORIDA.
d. ENFORCEMENT OF ARBITRATION AWARD
YOU AND WE BOTH AGREE THAT ANY ENFORCEMENT OF AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT MUST BE BROUGHT IN THE STATE COURTS OF THE STATE OF FLORIDA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
e. WAIVER OF CLASS ARBITRATION AND REPRESENTATIVE CLAIMS IN ARBITRATION
ALL ARBITRATION PROCEEDINGS SHALL BE INDIVIDUAL ARBITRATIONS, AND YOU EXPRESSLY AGREE THAT NO OTHER CLAIMS MAY BE JOINED WITH YOUR CLAIMS. IN ADDITION, YOU AGREE THAT YOU HAVE VOLUNTARILY WAIVED THE RIGHT TO FILE OR JOIN A CLASS ACTION LAWSUIT AND EXPRESSLY ACKNOWLEDGE THAT THE PARTIES REJECT CLASS ARBITRATION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN, SUE ON BEHALF OF A PUTATIVE CLASS OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OF THE WEB-SITE OR PURCHASERS OR USERS OF ANYTHING AVAILABLE THOUGH CRAVE LOCAL AND/OR THIS WEBSITE, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE, A CLASS ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
YOU AND WE AGREE THAT IF FOR ANY REASON ANY PROVISION OF THIS PARAGRAPH 15, WITH THE EXCEPTION OF THE WAIVER OF CLASS ARBITRATION SET FORTH IN PARAGRAPH 15(E) OF THIS AGREEMENT, IS DEEMED INVALID OR UNENFORCEABLE BY ANY ARBITRATOR OR COURT, THAT PROVISION SHALL BE SEVERED AND THUS REMOVED FROM THIS AGREEMENT, AND THE AGREEMENT TO ARBITRATE SHALL OTHERWISE REMAIN BINDING ON YOU AND WE BOTH.
IF A COURT OR ARBITRATOR DETERMINES THAT THE WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS SET FORTH IN PARAGRAPH 15(E) IS INVALID OR UNENFORCEABLE, YOU AND WE BOTH AGREE THAT THE ARBITRATION AGREEMENT SET FORTH IN PARAGRAPH 15 OF THIS AGREEMENT WILL NOT APPLY AND ANY DISPUTE SUBJECT TO ARBITRATION (AS DEFINED IN SECTION 15 A) SHALL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION IN THE STATE OR FEDERAL COURTS IN FLORIDA. THAT IS, YOU AND WE AGREE THAT PARAGRAPH 15(E) PROHIBITING CLASS ACTIONS CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED TO IN WRITING, IT IS THE EXPRESS INTENTION OF BOTH PARTIES NOT TO PROCEED WITH ANY DISPUTE BY WAY OF CLASS ARBITRATION
This Agreement and any operating rules for Crave Local established by Crave Local constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.