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Terms

Terms of Service: (Updated on January 2, 2025)

Introduction and Eligibility

Please read these Terms of Service (“Terms”) carefully before using the WhereYouEat Service.

These Terms include the WhereYouEat Privacy Policy, which is incorporated by reference into these Terms. We have included annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

Binding Agreement. These Terms constitute a binding agreement between you and WYE LLC and its affiliates, subsidiaries, and WhereYouEat.com (“WhereYouEat,” “we,” “us”). “You” and “users” shall mean all visitors to the WhereYouEat Service. You accept these Terms each time you access the WhereYouEat Service or WhereYouEat.com. If you do not accept these Terms, you must not use the WhereYouEat Service or WhereYouEat.com.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, as you are bound by them. Your continued use of the WhereYouEat Service after a change to these Terms constitutes your binding acceptance of these Terms.

Children. No part of the WhereYouEat Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WHEREYOUEAT SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the WhereYouEat Service.

The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the WhereYouEat Service.


The WhereYouEat Service

The WhereYouEat Service is defined as any website, mobile application, or Internet service under WhereYouEat control, whether partial or otherwise, in connection with providing the services offered by WhereYouEat. The WhereYouEat Service allows you to browse and discover local restaurant pictures, menus, and openings.


Communications

WhereYouEat Communications. WhereYouEat may communicate with you via email or by posting notices on the WhereYouEat homepage. You may request that we provide notice of any security breaches in writing.

Consent to Electronic Notices. By using the WhereYouEat Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the WhereYouEat Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the WhereYouEat Service or sending an email. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notices), please email us at Foodisgood25@gmail.com


WhereYouEat Content Ownership and Use

WhereYouEat owns all of the content we create, but you may use it while you use the WhereYouEat Service. Don’t use our logo or proprietary material without our written permission.

Content Ownership. The contents of the WhereYouEat Service include: designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and other content (“WhereYouEat Content”). All WhereYouEat Content and the compilation of such content are the property of WhereYouEat or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the WhereYouEat Content solely for the intended use of WhereYouEat services. Any other use is expressly prohibited. This license is revocable at any time without notice or cause.

Trademarks. All WhereYouEat logos and product and service names are trademarks of WhereYouEat (“WhereYouEat Marks”). Without prior written permission, you agree not to display or use the WhereYouEat Marks in any manner.

Ownership of Data Used by Third Parties. If any search engine, directory, social platform, or other entity uses data from WhereYouEat (including but not limited to restaurant listings, images, reviews, or menu information) to create or enhance their own service, WhereYouEat retains full ownership of that data and all derivatives of it. By using our data, these entities agree to grant WhereYouEat full rights over the derivative works, including any content, listings, or guides that result from the use of WhereYouEat data. This includes the right to claim ownership over any service partially or fully built using WhereYouEat data.


ADA Accessibility and User Responsibilities

At WhereYouEat, we are committed to providing an accessible experience for all users and take a proactive approach to ensuring compliance with the Americans with Disabilities Act (ADA). While we continuously strive to improve our services, we recognize that errors or bugs may occasionally occur.

  1. User Agreement to Report Issues

    By using the WhereYouEat Service, you acknowledge and agree to the following:
    • If you encounter any accessibility issues or ADA compliance concerns while using the WhereYouEat Service, you must notify us promptly by email at Foodisgood25@gmail.com or via phone at 800-865-8997
    • You agree to provide a detailed description of the issue, including steps to reproduce it, if applicable, so that we may address and resolve the concern.

  2. Proactive Resolution Commitment

    • WhereYouEat will take reasonable steps to address and rectify reported ADA issues in a timely manner. We are committed to ensuring our services are accessible to all users and welcome feedback to improve accessibility.

  3. Waiver of Legal Action Without Notification

    • By using the WhereYouEat Service, you expressly waive the right to initiate any legal action or file lawsuits related to ADA compliance or accessibility issues without first providing WhereYouEat an opportunity to resolve the concern.
    • Failure to notify WhereYouEat of an issue before initiating legal proceedings will be deemed a violation of these Terms and may result in dismissal of such actions.

  4. Limitation of Liability for ADA Issues

    • WhereYouEat disclaims all liability for temporary errors, bugs, or accessibility issues that occur despite our good-faith efforts to maintain compliance with ADA standards. Use of the WhereYouEat Service is at your own risk, and no warranties are made regarding uninterrupted or error-free operation.

User Content

You, or the people who allow you to use their content, own all of the content you post to the WhereYouEat Service. However, we may use it for any purpose, including in marketing materials. We may also modify your content as needed.

Content Ownership. WhereYouEat claims no ownership over “Your User Content.” You or a third-party licensor retain all copyright, patent, and trademark rights to your posted content. You acknowledge that Your User Content is non-confidential and non-proprietary.

License to Use Your Content. By posting content to the WhereYouEat Service, you grant WhereYouEat a worldwide, non-exclusive, royalty-free license to use, modify, display, distribute, and create derivative works of your content. This license will cease within a commercially reasonable time after you remove your content from the WhereYouEat Service.

Responsibility for Content. You represent and warrant that you have all necessary rights to post your content and that it does not infringe on the rights of any third party.


Prohibited Uses

You agree to use the WhereYouEat Service only for its intended purposes and in compliance with all applicable laws. The following uses of the WhereYouEat Service are prohibited:

  1. Aggregating, copying, or duplicating any WhereYouEat Content.
  2. Using data mining, robots, or similar data gathering tools.
  3. Circumventing or interfering with security features.
  4. Engaging in unauthorized access or attempting to reverse engineer the WhereYouEat Service.
  5. Framing or linking to the WhereYouEat Service without authorization.
  6. Submitting malicious code or taking actions that impose an unreasonable load on our infrastructure.
  7. Engaging in illegal activities or using the WhereYouEat Service to harm others.

Consequences of Violating These Terms

If you violate these Terms, we may suspend or terminate your account and access to the WhereYouEat Service. You agree to indemnify WhereYouEat for any claims, fees, or damages arising from your breach of these Terms.


Liability and Disclaimers

Use at Your Own Risk. The WhereYouEat Service is provided “AS IS” and “AS AVAILABLE.” We make no guarantees about the accuracy or reliability of the content on the WhereYouEat Service.

Limitation of Liability. To the fullest extent permitted by law, WhereYouEat’s liability for any damages will not exceed $100.


General Terms

These Terms constitute the entire agreement between you and WhereYouEat regarding the use of the WhereYouEat Service. Any disputes arising under these Terms will be resolved through binding arbitration in New York County, New York, under the rules of the American Arbitration Association.


Contact Us

For questions or concerns about these Terms, please contact us at:

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