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Terms of Use

Welcome to the eatdrink.co website (the "Site"), a website owned and operated by Good Dirt.

The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively herein the "Terms of Use") identify what you, as a user of the Site ("you" or "User") can expect from Good Dirt, eatdrink, its parent, subsidiaries, and affiliates (together referred to herein as "eatdrink"), and/or persons who provide products or services to eatdrink customers either directly or through eatdrink.co ("eatdrink Providers") and the Site and what eatdrink in turn expects from Users. By visiting any area on the Site, creating an account, making a purchase via the Site, downloading software or digital content from the Site, a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Site immediately.

  1. LICENSES AND RESTRICTIONS
  2. TRADEMARKS
  3. CONTENT
  4. RISK OF LOSS
  5. AGE OF USERS
  6. TERMINATION OF USAGE
  7. INDEMNITY
  8. PASSWORD AND ACCOUNT SECURITY
  9. NOTICES
  10. DISCLAIMERS AND LIMITATION OF LIABILITY
  11. SEVERABILITY
  12. APPLICABLE LAW; JURISDICTION
  13. DISPUTE RESOLUTION
  14. DIGITAL MILLENIUM COPYRIGHT ACT
  15. ADDITIONAL TERMS AND CONDITIONS
  16. ACKNOWLEDGMENT
  17. MODIFICATION


I. LICENSES AND RESTRICTIONS
eatdrink grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with eatdrink) of the contents of the Site, which includes the Digital Content, as defined in Section XII, ("Content"). eatdrink further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray eatdrink, Good Dirt, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

 

II. TRADEMARKS
eatdrink, eatdrink.co, Eatdrink, Good Dirt or their respective parents, subsidiaries, or affiliates, or third parties from whom eatdrink has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of eatdrink and its licensors may not be used without prior written consent of eatdrink or its licensor, as the case may be. Without limiting the foregoing, no eatdrink trademark or trade dress may be used in connection with any product or service that is not eatdrink’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits eatdrink.

III. CONTENT
Proprietary Rights
User acknowledges that the Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Eatdrink owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part.

IV. RISK OF LOSS
With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.

V. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Eatdrink websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Eatdrink websites, we will remove that information as soon as possible.

VI. TERMINATION OF USAGE
eatdrink may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Good Dirt’s sole discretion, including without limitation violation of the Terms of Use, eatdrink’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, eatdrink, any eatdrink Provider or another User.

VII. INDEMNITY
User agrees to indemnify and hold eatdrink and each eatdrink Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Site, breach of the Terms of Use or User's violation of any law or the rights of a third party.

VIII. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her eatdrink account using an old e-mail address, such User will not receive messages from eatdrink about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's Eatdrink account.

IX. NOTICES
User consents to receive electronic communications from Good Dirt, whether addressed to the e-mail address associated with such User's Good Dirt account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.

X. DISCLAIMERS AND LIMITATION OF LIABILITY
Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by eatdrink. When you access these third party sites, you do so at your own risk. eatdrink is not responsible for the conduct, whether online or offline, of any User of the Site. eatdrink assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. eatdrink is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall eatdrink be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or from the conduct of any Users of the Site, whether online or offline.

The Site is provided by eatdrink on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each eatdrink provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither eatdrink nor any Good Dirt Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, Content and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, service, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mails sent from or on behalf of eatdrink are free of viruses, scripts, trojan horses, worms or other harmful components.

eatdrink does not guarantee the continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with by numerous factors outside the control of eatdrink.

Under no circumstances shall eatdrink or any eatdrink Provider be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to eatdrink’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all merchandise and services available through the Site.

Neither eatdrink nor any eatdrink Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Site, or the purchase of any product therefrom even if eatdrink or any eatdrink Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XI. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of eatdrink to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XII. APPLICABLE LAW; JURISDICTION
The Site is created and controlled by Good Dirt  in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of Good Dirt and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles County, California and waives any objection to the laying of venue of any litigation in said courts.

XIII. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any eatdrink Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at eatdrink’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. eatdrink reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation; seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

XIV. DIGITAL MILLENNIUM COPYRIGHT ACT.
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 in good faith that materials hosted by Eatdrink infringe your copyright, you (or your agent) may send Eatdrink a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Good Dirt to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send eatdrink a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Karen Cease, Co-Owner, eatdrink, 12400 Ventura Blvd. Ste. 60, Studio City, CA 91604, and info@eatdrink.co. Good Dirt suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XV. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the Terms of Use:
Copyright Policy:
http://www.eatdrink.co/copyright.html
(also accessible via a link on the bottom of the Site pages)

Privacy Policy:
http://eatdrink.co/terms-of-use/
(also accessible via a link on the bottom of the Site pages)

XVI. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and eatdrink regarding User's relationship with eatdrink and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XVII. MODIFICATION
eatdrink reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on July 8, 2012.