Terms & privacy

TERMS OF USE
Thank you for visiting this website, which is owned and operated by Foodsby, Inc. (“Foodsby,” “we,” “us” and “our”). These Terms of Use govern your use of the publicly available portions of this website (this “Site”). The password-protected portions of this website are intended to be used only by our clients and are governed by separate contractual agreements.

PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH FOODSBY PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING THE SITE. ALL SERVICES PROVIDED BY FOODSBY ON THE SITE ARE COLLECTIVELY REFERRED TO AS “FOODSBY SERVICES.” BY ACCESSING, BROWSING AND/OR USING OUR WEB SITE AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE.

Ownership and Protection of Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Foodsby, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.Except as expressly authorized by Foodsby, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.

Changes to This Agreement
Foodsby may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.

Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy https://www.foodsby.com/main/privacy-policy/which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Other Policies
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.

License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Foodsby Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Foodsby or the copyright holder identified in the relevant copyright notice.Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Foodsby’s content or under any third party’s content. Any rights not expressly granted herein are reserved.If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.

Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Foodsby it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

No Automated Querying
You may not send automated queries of any sort to our site without express advance written permission from Foodsby. Note that “sending automated queries” includes, among other things:using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;“meta-searching”; andperforming “offline” searches on the Foodsby web site

Responsibility for User-Generated Content Posted on or Through this Site
In these Terms of Use, the terms “User-Generated Content” and “UGC” refer to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other Content you post using the social networking tools we make available to you and that does not constitute “Feedback,” which is defined below.

You are responsible for User-Generated Content that you post.

Under no circumstances will we be liable in any way for any UGC. This means that you, not Foodsby, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Foodsby or any person or entity associated with Foodsby.

You own User-Generated Content, but we may use it.

You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content.

Foodsby has certain rights. We have the right (but do not assume the obligation) to:

monitor all UGC;

require that you avoid certain subjects;

remove or block any UGC at any time without notice at our sole and absolute discretion;

disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Foodsby or others, or to enforce these Terms of Use;

and terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content.

It is a condition of these Terms of Use that you do not:

upload, post, transmit or otherwise make available:

any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous,

defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

any UGC that constitutes or encourages activity illegal under criminal or civil law;

any UGC that is false, misleading, or fraudulent;any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;

any request for or solicitation of any personal or private information from any individual;

any request for or solicitation of money, goods, or services for private gain;

any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

Removal of Content

In general.
You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.

Violation of copyrights.
Foodsby does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

Foodsby, Inc.
733 Marquette Avenue S, Suite 300
Minneapolis, MN 55402

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback
In these Terms of Use, the term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Passwords and Security
Access to certain Foodsby Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Foodsby immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Foodsby cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Links to Other Web Sites
A central part of the Foodsby Services includes links to other World Wide Web sites or resources, including our third-party nightclub sponsors. Because Foodsby has no control over such sites and resources, you acknowledge and agree that Foodsby is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Foodsby shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the Foodsby Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Foodsby does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Foodsby will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

Modifications to Foodsby Services
Foodsby reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Foodsby Services (or any part thereof) with or without notice. You agree that Foodsby will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Foodsby Services.

Termination of Your Access to Foodsby Services
You agree that Foodsby, in its sole discretion, may terminate your access to any of the Foodsby Services, and/or remove, discard or modify any User Generated Content or content within the Service, for any reason, including, without limitation, for lack of use or if Foodsby believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Foodsby Services may be affected without prior notice, and acknowledge and agree that Foodsby may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Foodsby Services. If you use the Site in violation of this Agreement, Foodsby may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Foodsby shall not be liable to you or any third party for the discontinuation or termination of your access to the Foodsby Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

Information Disclaimer and Disclaimer of Warranties
BY USING FOODSBY SERVICES YOU UNDERSTAND AND AGREE THAT:

1. Foodsby does not prepare, LABEL, sell, store, TRANSPORT, DELIVER or distribute food or beverages, but merely provides a convenient ordering system for you to obtain food and/ or beverages from third party vendors. Foodsby is not responsible for the safety or quality of the food or beverages, OR FOR THEIR INGREDIENTS, LABELING OR PACKAGING, prepared AND/or delivered by third party vendors or for any activities that are the direct or indirect consequences of third party vendors’ food preparation, labeling, transport or delivery.

2. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, HEALTH, SAFETY-RELATED, FINANCIAL, LEGAL OR OTHERWISE. FOODSBY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.

3. YOUR USE OF THE FOODSBY SERVICES IS AT YOUR SOLE RISK. THE FOODSBY SERVICES, AND FOODS PROVIDED BY THIRD PARTY VENDORS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOODSBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE ORDERING, PROPER HANDLING, USE AND CONSUMPTION OF THE FOOD YOU RECEIVE FROM THIRD PARTIES.

4. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH FOOD. IF YOU HAVE FOOD ALLERGIES OR INGREDIENT QUESTIONS OR CONCERNS, PLEASE DIRECT THOS QUESTIONS TO THE VENDOR.

5. FOODSBY MAKES NO REPRESENTATION OR WARRANTY THAT FOODSBY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE FOODSBY SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOODSBY SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY FOOD, BEVERAGES, POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH FOODSBY SERVICES WILL MEET YOUR NEEDS.

6. ANY MATERIAL OBTAINED THROUGH THE USE OF FOODSBY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

7. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE FOODSBY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT FOODSBY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, FOODSBY SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR FOODSBY SERVICES, INCLUDING ORDERING FOODS SERVICE FROM THIRD PARTIES THROUGH THE SITE OR ANY CLAIMS OF ILLNESS OR INJURY RESULTING FROM FOOD PURCHASED THROUGH THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT FOODSBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL FOODSBY’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification of Foodsby
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Foodsby, its subsidiaries, and affiliates, and their respective past, present, and future officers, directors, employees and agents from and against any and all actual and alleged liability, losses, claims, demands, disputes, damages, awards, judgments, obligations, penalties, interest, fees, expenses, or costs of any kind, whether known or unknown, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Foodsby Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party, including any of our third party partners from whom you order food service. Foodsby shall have no liability to the extent that any suit or claim arises from or was caused by the negligence or willful misconduct of any of any third-party vendor, a defective food product prepared, labeled, transported or delivered by third party vendor, or the third-party vendor’s violation of local, state or federal laws or regulations.

Trademark Notices
The FOODSBY mark and the Foodsby logo are trademarks of Foodsby, Inc. All rights reserved. All other trademarks and logos on this site are the property of their respective owners.

Images
The images referenced, made accessible or made available to you on the Site or by means of the Foodsby Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through Foodsby Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Foodsby. Foodsby cannot give you authorization to use the copyrighted images. Foodsby cannot guarantee that a search will not locate unintended or objectionable content and Foodsby accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Ask services, or for your use of such content.

Currency Conversions & Exchange Rates
Data and information is provided for informational purposes only, and is not intended for trading or other business purposes. Data provided may be delayed as specified by financial exchanges or our data providers. Foodsby does not guarantee the accuracy, timeliness, reliability or completeness of any currency conversion or other financial data. Neither Foodsby nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.

Food and Beverages
Foodsby does not prepare, label, sell, store, transport, deliver or distribute food or beverage, but merely provides a convenient ordering service for its users to obtain food and/or beverage from third party establishments. Foodsby is not responsible for the preparation, quality or safety of food or beverages ordered through the Site, or for their ingredients, labeling or packaging, or for any activities that are the direct or indirect consequences of ordering food or beverages through this service You specifically release Foodsby for all liability related to these activities and assume all risk in placing an order form a third-party food provider.

Delivery and Pickup
Foodsby and the third-party food providers will provide conditions for time and place of food pick-up that you must comply with as a condition of use of the Site and Foodsby Services. Delivered food may be left unattended in a designated delivery area in your building. You are responsible for complying with pickup instructions, including picking up food within stated timeframes within your order instructions. You must pick up your order promptly after delivery and consume promptly or refrigerate. Neither Foodsby or the food provider is responsible for missing orders, orders not promptly picked up, orders which have been tampered with or other issues related to the use of an unattended delivery area for your order. You assume the sole risk of ordering, picking up and consuming food and beverages ordered through the Site. Foodsby and food providers will specifically not be liable for food quality, or removal or purchased food if you do not comply with pickup time and location requirements.

No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Foodsby for governing your use of our Site and Services and supersedes any prior agreements between you and Foodsby for that purpose, including any membership agreements or other similar agreements applying to our Site or Foodsby Services.

Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Foodsby are governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Foodsby agree to submit to the personal and exclusive jurisdiction of the Ramsey County MN courts.

Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against Foodsby
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Foodsby to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Foodsby at info@foodsby.com or by mail at:

733 Marquette Avenue S, Suite 300
Minneapolis, MN 55402

FOODSBY LLC Privacy Policy

Effective Date: November 1, 2017

This Web site, https://www.foodsby.com, (the “Site”) is owned and operated by Foodsby Inc.

We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Privacy Policy to let you know what Personal Information we collect when you use this Site, how we use and share the Personal Information we collect, and how we protect your privacy.

If you have any questions about this Privacy Policy or our privacy practices, please contact us by e-mail at inquiries@foodsby.com or by mail at Foodsby LLC 733 Marquette Avenue S, Suite 300, Minneapolis, MN 55402.

This Privacy Policy applies to the online collection of Personal Information via software and Internet services and is incorporated into any applicable user agreement and service terms and any general terms of use for the Site (collectively, “Services”). This Privacy Policy does not apply to information collected in any other way. The Services may contain links to sites maintained by others. This Privacy Policy does not reflect the privacy practices of those sites. By using the above Services, you consent to the terms of this Privacy Policy and to Foodsby’s processing of Personal Information and non-personal information for the purposes provided in the Privacy Policy. You further consent to reviewing the Privacy Policy from time to time to view any updates.

This Privacy Policy May Change
This Privacy Policy describes Foodsby’s current policies and practices with regard to the Personal Information we collect through this Site.

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time, without prior notice, by posting the revised version of this Privacy Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Privacy Policy constitutes your agreement to be bound by the revised Privacy Policy. However, we will honor the terms that were in effect when we gathered data from you.

For your convenience, whenever this Privacy Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if this Privacy Policy has been revised since your last visit.

You may access the current version of this Privacy Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.

WHAT PERSONAL INFORMATION DOES FOODSBY COLLECT AND HOW DO WE USE IT?
We collect information about our users in three ways: directly from the user, from our web server logs, and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it or when you authorize us to (for example, to our restaurant partners from whom you may order and receive food delivery).

User-Supplied Information
When you register for our services or order products via our site, we ask you to provide some Personal Information, for example, your name, address, phone number, email address, payment card information, and/or certain additional categories of information resulting from use of our websites and services. Other than payment card information, we keep this information in a contact database for future reference, as needed. We do not store any payment card information. Only our payment card processor has access to that information. We may use your email address you provide to offer you products and services that we believe may be of interest to you, via our newsletter. If you don’t wish to receive such offers, you may opt out (unsubscribe) via the link provided in these newsletters.

If you contact us for customer support, we may ask you to provide information about your computer or about the issues you are trying to resolve. This information is necessary to help us answer your questions. We may record your requests and our responses for quality control purposes.

Foodsby may make websites available to you for chat rooms, forums, message boards, or news groups. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing Personal Information in these areas. Don’t disclose information in these public forums that might be considered confidential.

We may track information about your visit to the Site and store that information in web or mobile server logs, which are records of the activities on the Site. Our servers automatically capture and save the information electronically. Examples of the information we may collect include:

Your unique Internet protocol address

The name of your unique Internet service provider

The city, state, and country from which you access the Services

The kind of browser or computer you use

The number of links you click within the Site

The date and time of your visit

The web page from which you arrived to our site

The pages you viewed on the Site

Certain searches/queries that you conducted via our website(s)

Information About Third-Party Cookies and Interest-Based Advertising
In order to offer and provide a customized and personal service, we may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a web server and stored on your computer’s hard drive.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies. In general, we use cookies and other web technologies to:
The information we collect in web server logs helps us administer the Site, analyze its usage, protect the website and its content from inappropriate use, and improve the user’s experience.

collect information about the ways visitors use our Site—which pages they visit, which links they use, and how long they stay on each page;

support the features and functionality of our Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and

personalize your experience when you use our Site, including by serving targeted advertisements.

Generally, the information we collect using these web technologies does not identify you personally. If, however, you have created a user account, we may link the information we collect using these web technologies to other information that identifies you personally.

Third Party Cookies
In addition to the cookies we deliver to your computer or mobile or tablet device through our Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Site. To learn more about Google Analytics, click here.

Other third parties may deliver cookies to your computer or mobile or tablet device for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Site or on other websites.

You have choices about the collection of information by third parties on our Site. For example, if you don’t want information about your visit to our Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to our Site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

Children’s Privacy
Services are not structured nor intended for users under 18 years of age. Accordingly, Foodsby will not knowingly collect or use any Personal Information from persons that Foodsby knows to be under the age of 18.

HOW DOES FOODSBY PROTECT THE PERSONAL INFORMATION THAT IT COLLECTS?
We have implemented certain appropriate security measures to help protect your Personal Information from accidental loss and from unauthorized access, use, or disclosure. For example, some of our websites are protected with Secure Sockets Layer (SSL) technology. Also, we store the information about you in a data center with restricted access and appropriate monitoring, and we use a variety of technical security measures to secure your data. In addition, we use intrusion detection and virus protection software. However, please note that we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Also, please note that we may store and process your Personal Information in systems located outside of your home country. However, regardless of where storage and processing may occur, we take appropriate steps to ensure that your information is protected, consistent with the principles set forth under this Privacy Policy.

WHO HAS ACCESS TO THE PERSONAL INFORMATION?
We will not sell, rent, or lease mailing lists or other customer data to others, and we will not make your Personal Information available to any unaffiliated parties, except as follows:

To restaurant partners, agents and/or contractors who may use it on in connection with their relationship with us (for example, restaurants will use your Personal Information to deliver food orders you placed on the Site).As required by law, in a matter of public safety or Privacy Policy, or if we believe in good faith that sharing the data is necessary to protect our rights or property.

We may rely on affiliates for support of the products and services we offer. If so, our affiliates would be required to preserve the confidentiality of any Personal Information they may access.

We will not disclose any information about your unique usage to unaffiliated third parties, except as necessary to service the account, to enforce the terms of use, to meet our obligations to content and technology providers, including their ability to offer products and services, or as required by law.

As noted above, we may use statistics or other data regarding your usage of the Services for product development or other business analytic purposes, but only in anonymized aggregate form. We may make such data and statistics available to third parties, such as potential or existing customers, for business development, marketing or sales purposes.

Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.

Your access to some of Services and content may be password protected. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account or service at the end of each session. You may also wish to close your browser window when you have finished your work, especially if you share a computer with someone else or if you are using a computer in a public place like a library or Internet cafe.

HOW MAY I CORRECT, AMEND, OR DELETE MY PERSONAL INFORMATION AND/OR UPDATE MY PREFERENCES?
You may cancel your registration or update your preferences at any time. If you don’t want to receive information about our products or services, please update your account preferences (where available), check the appropriate box when registering, and/or utilize the “unsubscribe” mechanism within the communications that you receive from us.

QUESTIONS?
If you have any additional questions or concerns related to this Privacy Policy and/or our practices, please email us at inquiries@foodsby.com.

Definitions
The terms “Foodsby,” “we,” “us,” and “our” refer to Foodsby Corp.
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site using the social networking tools we make available to registered members of this Site. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and reviews of products available on this Site.

Foodsby, Inc.
Gift Terms and Conditions
(Updated November26, 2019)

The following Terms and Conditions (these “Terms”) apply to Foodsby Gifts:

You agree that Foodsby, Inc. (“Foodsby”) may provide notices, disclosures, and amendments to these Terms and other information relating toGifts by electronic means, including by posting these materials online at www.foodsby.com.

Generally. Foodsby Gifts are codes with stored value offered by Foodsby. Gifts may be purchased, gifted and redeemed only at the Foodsby website located at www.foodsby.com (the “Site”)in accordance with then-current purchase, gifting, use and redemption instructions, limitations, restrictions, and other terms and conditions at the Site. Only Foodsby members in good standing may purchase, gift, use and redeem Gifts. Upon redemption, an Gift retains any unused balance, and the funds remaining on an Gift code do not expire. Gift codes are not reloadable. No dormancy, inactivity, service or other fees are associated with an Gift. Gifts cannot be redeemed for cash, unless required by law. Gifts are subject to these Terms, as such are modified or replaced from time to time. Purchase, redemption or use of an Gift constitutes acceptance of all terms and conditions associated with an Gift, including these Terms, and any additional instructions, limitations, restrictions, terms and conditions as set forth at the Site. Use of the Site is subject to the terms and conditions thereof, including the Site Terms of Use and Privacy Policy.

Purchase and Gifting; Valid Email Addresses. Gifts may be purchased and gifted only at the Site. Eligible purchasers may be further limited as set forth at the Site. Follow the instructions at the Site for Gift purchases and identification of gift recipients. Gift recipients must be members in good standing of Foodsby with a valid email address associated with their membership. If a recipient is not a member, follow the instructions at the Site for a membership invitation to be sent to a potential Gift recipient. Foodsby is not responsible for Gifts that are undeliverable or not received due to the purchaser’s failure to enter an accurate and valid email addressor for the intended recipient to maintain a valid email address. Please check to make sure the email address is correct and contact support@foodsby.com if you are encountering issues. Gifts are transferrable only by the initial purchaser of the Gift, and may only be gifted (transferred) as described above. Gifts are non-transferrable after the initial gift transfer by the initial purchaser to the intended gift recipient. Gifts may not be resold.

Redemption and Use. The recipient of an Gift will be notified by email from Foodsby of receipt of an Gift. Gifts will be posted to a recipient member’s Foodsby account pending redemption by the recipient. A Gift has no value until posted to the Foodsby account of a Foodsby member in good standing, and only then has value to apply to an eligible Foodsby order. Gifts may be redeemed only at the Site for food orders from participating restaurants at the time of placing an order at the Site. Follow the instructions at the Site for Gift redemption and use. When making an order, a recipient must choose to apply the Gift amount to an eligible order. Orders paid for with a Gift are subject to applicable sales tax. If the amount of a Gift does not cover the total purchase amount (including taxes), a user will need to pay for the remainder of the purchase with a valid form of payment at the time of purchase. Gifts may not be used for past orders or purchases; purchases of Gifts, gift cards or gift certificates; purchases on Foodsby Meeting; or payment for Foodsby Unlimited subscriptions. Not for promotional use. Gifts may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities of any kind(including, without limitation, on third party websites; or with Internet, print, e-mail, telemarketing, direct mail or other advertisements and promotions, or radio, Internet or television broadcasts) without Foodsby’s prior written approval.

Limitation of Responsibility and Liability. Treat Gift codes like cash. Foodsby is not responsible for (and will not replace) lost or stolen Gift(s), or Gift(s) used without a purchaser’s or recipient’s, as applicable, permission. Foodsby shall not have responsibility or liability for use of any Gift(s)by third parties through a purchaser’s or recipient’s Foodsby account. A Foodsby member is solely responsible for keeping the password for the member’s account safe and for any activity conducted under the member’s account.

FOODSBY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TOGIFTS OR CODES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ANY GIFT PURCHASER,RECIPIENT OR POTENTIAL RECIPIENT BE ENTITLED TO (AND SUCH PURCHASER, RECIPIENT OR POTENTIAL RECIPIENT WAIVES THE RIGHTS TO) PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Compliance with Laws. By purchasing, redeeming or using Gifts, a purchaser or recipient, as applicable, is certifying and representing to Foodsby that the activities in connection with such activities comply with these Terms, and all applicable laws, rules and regulations, and that the Gifts will not be purchased, redeemed or used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Foodsby. A purchaser or recipient, as applicable, agrees to defend and indemnify Foodsby and its parents, subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with a purchaser’s or recipient’s purchase, redemption or use of Gifts or violation of any of these Terms.

Changes to Terms. Foodsby may change these Terms, and any other terms, conditions, instructions, limitations and restrictions applicable to Gifts from time to time at Foodsby’s sole discretion and without notice. Foodsby recommends reviewing these Terms, and the other terms, conditions, instructions, limitations and restrictions at the Site from time to time to review the then-current materials.

Issuer. Foodsby is the issuer of the Gifts and sole obligor to the Gift purchaser and recipient. Foodsby may delegate its issuer obligations to an assignee without recourse; if delegated, the assignee, and not Foodsby, will be the sole obligor to the Gift purchaser and recipient.

Laws. These Terms shall be governed by and interpreted in accordance with the laws of the State of Minnesota, without giving effect to principles of conflicts of law that would require the application of the laws of another jurisdiction.

Disputes. ANY DISPUTE, CLAIM OR CAUSE OF ACTION REGARDING GIFTS, OR THE PURCHASE, REDEMPTION OR USE THEREOF, OR THESETERMS, SHALL BE BROUGHT (A) INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR COLLECTIVE ACTION, AND WITHOUT JOINDER OR CONSOLIDATION OF CLAIMS OF THIRD PARTIES, AND (B) EXCLUSIVELY BEFORE A SINGLE PRIVATE AND IMPARTIAL ARBITRATOR IN A CONFIDENTIAL, FINAL AND BINDING ARBITRATION HELD IN MINNEAPOLIS, MINNESOTAADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS THEN CURRENT COMMERCIAL ARBITRATION RULES; THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. ANY AWARD AND ANY CONFIRMING JUDGEMENT APPLIES ONLY TO THE ARBITRATION IN WHICH IT WASAWARDED AND CANNOT BE FURTHER USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

Questions? If you have any questions concerning these Terms, your E-Gift code balance(s), or other E-Gift information, please contact support@foodsby.com.


Information About Third-Party Cookies and Interest-Based Advertising

In order to offer and provide a customized and personal service, we may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a web server and stored on your computer’s hard drive.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies. In general, we use cookies and other web technologies to:
The information we collect in web server logs helps us administer the Site, analyze its usage, protect the website and its content from inappropriate use, and improve the user’s experience.

collect information about the ways visitors use our Site—which pages they visit, which links they use, and how long they stay on each page;

support the features and functionality of our Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and

personalize your experience when you use our Site, including by serving targeted advertisements.

Third Party Cookies
In addition to the cookies we deliver to your computer or mobile or tablet device through our Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Site. To learn more about Google Analytics, click here.

Other third parties may deliver cookies to your computer or mobile or tablet device for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Site or on other websites.

You have choices about the collection of information by third parties on our Site. For example, if you don’t want information about your visit to our Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to our Site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

Children’s Privacy
Services are not structured nor intended for users under 18 years of age. Accordingly, Foodsby will not knowingly collect or use any Personal Information from persons that Foodsby knows to be under the age of 18.
Generally, the information we collect using these web technologies does not identify you personally. If, however, you have created a user account, we may link the information we collect using these web technologies to other information that identifies you personally.