Terms of Service-
To make sure we know exactly what to expect from each other, MOXIE APPS, INC. d/b/a EAZYMENU has written down under which conditions it offers its service. By using the mobile application service you agree to be bound by these terms of service, the notice and take down policy and privacy policy below.
Date: December 10, 2014
The Terms of Service and underlying Disclaimer and Privacy Policy ("Terms") are a legal document between you ("You"), the user of our restaurant mobile application service ("Service") provided through the Application EazyMenu ("Application") and Moxie Apps, INC. ("Moxie Apps, INC"), owner and rights holder of the Application and provider of the Service. We recommend that you read these documents carefully. Words spelled with a capital letter have a specified description. By accessing or using any part of the Application or Service you agree to be bound by the Terms, including the Disclaimer and Privacy Policy that form an integral part of the Terms.
Moxie Apps, INC may revise these Terms from time to time. Each revised version shall be dated and posted on the Application. Moxie Apps, INC recommends that you review the Application from time to time and take note of any changes. If you do not agree with the Terms, including the Disclaimer and Privacy Policy, you should no longer access or use the Application and/or Service. Your continued access or use of the Application and/or Service shall constitute your acceptance of the Terms, including the Disclaimer and Privacy Policy.
Service
Moxie Apps, INC provides you with an Application for entertainment purposes only whereby you can learn what food items are offered by restaurants that are located in your current geographical area. The Application allows for user input of data with regard to the user's dietary restrictions and preferences. This Application is not a substitute for your doing your own due diligence with regard to whether certain foods are healthy or within any individual dietary or religious restrictions (including food allergies and insensitivities) that you may have. Moxie Apps, INC has no way of knowing what food allergies or dietary restrictions that you may have. You should consult with your primary care physician with regard to how you can choose healthy foods that fit your lifestyle and dietary restrictions.
Ads and links
Your privacy is important to Moxie Apps, INC, and we do not utilize any third party advertising services, or other mechanisms to monetize your usage of the site. Further information on the protection of your privacy can be found in our Privacy Policy.
Not allowed
Moxie Apps, INC respects your rights and expects and demands that you respect those of Moxie Apps, INC. This includes privacy and intellectual property rights, such as copyrights, trademarks, service marks, and trade names. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights.
You understand that Moxie Apps, INC operates in compliance with all federal and state laws, including but not limited to the Digital Millennium Copyright Act, (DMCA), and reserves all rights necessary to remain in compliance with said laws. As a condition of using the Service, You agree not to upload or post any content to the Application that:
contain child pornography, as defined under federal or state law;
promote racism, violence or hatred;
are false or misleading;
You do not have the right to copy and/or transfer;
infringe on intellectual property rights;
violates privacy rights, including data protection rights;
In addition, You agree not to: - impersonate or pretend affiliation with any person or entity; - access any non-public area of our Application or Service; - send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; - attempt to probe, scan, compromise or test the vulnerability of the Application or Service or any related system or network or breach any security, authentication or encryption mechanism.
Moxie Apps, INC reserves the right to investigate and/or remove, without warning, any user account from its servers or prevent you from accessing the Application or Service, where and when Moxie Apps, INC determines, at its own discretion, or receives substantiated and valid complaints, that you have violated and/or are continuing to violate any term contained herein or in the Terms of Service or Privacy Policy and/ or act in violation of any applicable law or regulation. Further, Moxie Apps, INC reserves the right to disclose applicable data in so far necessary (i) to defend itself in legal proceedings (ii) to comply with a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defense, public security or public health and v) to uphold our Terms.
Controlling Law and Jurisdiction.
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the State of Florida, United States. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Tampa, FL, The United States, unless stipulated otherwise by mandatory U.S. or international laws. You waive any objection to jurisdiction and venue in the courts of the United States.
Varia
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between you and Moxie Apps, INC. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by you. In the occasion that these Terms shall become party invalid, you and Moxie Apps, INC remain bound to the remainder.
Disclaimer
Moxie Apps, INC provides its Service "AS-IS," without warranty of any kind. Without limiting the foregoing, Moxie Apps, INC explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Moxie Apps, INC makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Moxie Apps, INC is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
You further understand that the Application is for entertainment purposes only. Moxie Apps, LLC will not be responsible for any injuries or illness incurred as a result of food allergies, dietary restrictions, food contamination or sickness caused by improper food preparation by any restaurant or outside food vendor. The Application is not a substitute for you doing your own due diligence with regard to whether specific restaurant foods are healthy and/or within your individual and specific dietary restrictions, moral or religious food restrictions. Moxie Apps, LLC is not responsible for any damages, physical or otherwise, that you may incur as a result of eating a certain food recommended by the Application.
You further understand that the Application is for entertainment purposes only. Moxie Apps, INC will not be responsible for any injuries or illness incurred as a result of food allergies, dietary restrictions, food contamination or sickness caused by improper food preparation by any restaurant or outside food vendor. The Application is not a substitute for you doing your own due diligence with regard to whether specific restaurant foods are healthy and/or within your individual and specific dietary restrictions, moral or religious food restrictions. Moxie Apps, INC is not responsible for any damages, physical or otherwise, that you may incur as a result of eating a certain food recommended by the Application.
Indemnity and Liability
You will defend, indemnify and hold harmless Moxie Apps, INC, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims. However, this limitation of liability does not intend to exclude the liability of Moxie Apps, INC for the intentional and/or deliberate recklessness of Moxie Apps, INC themselves ("their own acts") and or the management of the Application.
In no event shall Moxie Apps, INC be liable to You or to any third party for any damages arising out of use of the Application or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Moxie Apps, INC has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Moxie Apps, INC will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Moxie Apps, INC is liable for damage under mandatory law, Moxie Apps, INC's aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred dollars ($100) per incident.
Use of this mobile application constitutes your unconditional acceptance of these Terms of Service and Privacy Policy.
Date: December 10, 2014
The Terms of Service and underlying Disclaimer and Privacy Policy ("Terms") are a legal document between you ("You"), the user of our restaurant mobile application service ("Service") provided through the Application EazyMenu ("Application") and Moxie Apps, INC. ("Moxie Apps, INC"), owner and rights holder of the Application and provider of the Service. We recommend that you read these documents carefully. Words spelled with a capital letter have a specified description. By accessing or using any part of the Application or Service you agree to be bound by the Terms, including the Disclaimer and Privacy Policy that form an integral part of the Terms.
Moxie Apps, INC may revise these Terms from time to time. Each revised version shall be dated and posted on the Application. Moxie Apps, INC recommends that you review the Application from time to time and take note of any changes. If you do not agree with the Terms, including the Disclaimer and Privacy Policy, you should no longer access or use the Application and/or Service. Your continued access or use of the Application and/or Service shall constitute your acceptance of the Terms, including the Disclaimer and Privacy Policy.
Service
Moxie Apps, INC provides you with an Application for entertainment purposes only whereby you can learn what food items are offered by restaurants that are located in your current geographical area. The Application allows for user input of data with regard to the user's dietary restrictions and preferences. This Application is not a substitute for your doing your own due diligence with regard to whether certain foods are healthy or within any individual dietary or religious restrictions (including food allergies and insensitivities) that you may have. Moxie Apps, INC has no way of knowing what food allergies or dietary restrictions that you may have. You should consult with your primary care physician with regard to how you can choose healthy foods that fit your lifestyle and dietary restrictions.
Ads and links
Your privacy is important to Moxie Apps, INC, and we do not utilize any third party advertising services, or other mechanisms to monetize your usage of the site. Further information on the protection of your privacy can be found in our Privacy Policy.
Not allowed
Moxie Apps, INC respects your rights and expects and demands that you respect those of Moxie Apps, INC. This includes privacy and intellectual property rights, such as copyrights, trademarks, service marks, and trade names. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights.
You understand that Moxie Apps, INC operates in compliance with all federal and state laws, including but not limited to the Digital Millennium Copyright Act, (DMCA), and reserves all rights necessary to remain in compliance with said laws. As a condition of using the Service, You agree not to upload or post any content to the Application that:
contain child pornography, as defined under federal or state law;
promote racism, violence or hatred;
are false or misleading;
You do not have the right to copy and/or transfer;
infringe on intellectual property rights;
violates privacy rights, including data protection rights;
In addition, You agree not to: - impersonate or pretend affiliation with any person or entity; - access any non-public area of our Application or Service; - send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; - attempt to probe, scan, compromise or test the vulnerability of the Application or Service or any related system or network or breach any security, authentication or encryption mechanism.
Moxie Apps, INC reserves the right to investigate and/or remove, without warning, any user account from its servers or prevent you from accessing the Application or Service, where and when Moxie Apps, INC determines, at its own discretion, or receives substantiated and valid complaints, that you have violated and/or are continuing to violate any term contained herein or in the Terms of Service or Privacy Policy and/ or act in violation of any applicable law or regulation. Further, Moxie Apps, INC reserves the right to disclose applicable data in so far necessary (i) to defend itself in legal proceedings (ii) to comply with a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defense, public security or public health and v) to uphold our Terms.
Controlling Law and Jurisdiction.
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the State of Florida, United States. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Tampa, FL, The United States, unless stipulated otherwise by mandatory U.S. or international laws. You waive any objection to jurisdiction and venue in the courts of the United States.
Varia
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between you and Moxie Apps, INC. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by you. In the occasion that these Terms shall become party invalid, you and Moxie Apps, INC remain bound to the remainder.
Disclaimer
Moxie Apps, INC provides its Service "AS-IS," without warranty of any kind. Without limiting the foregoing, Moxie Apps, INC explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Moxie Apps, INC makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Moxie Apps, INC is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
You further understand that the Application is for entertainment purposes only. Moxie Apps, LLC will not be responsible for any injuries or illness incurred as a result of food allergies, dietary restrictions, food contamination or sickness caused by improper food preparation by any restaurant or outside food vendor. The Application is not a substitute for you doing your own due diligence with regard to whether specific restaurant foods are healthy and/or within your individual and specific dietary restrictions, moral or religious food restrictions. Moxie Apps, LLC is not responsible for any damages, physical or otherwise, that you may incur as a result of eating a certain food recommended by the Application.
You further understand that the Application is for entertainment purposes only. Moxie Apps, INC will not be responsible for any injuries or illness incurred as a result of food allergies, dietary restrictions, food contamination or sickness caused by improper food preparation by any restaurant or outside food vendor. The Application is not a substitute for you doing your own due diligence with regard to whether specific restaurant foods are healthy and/or within your individual and specific dietary restrictions, moral or religious food restrictions. Moxie Apps, INC is not responsible for any damages, physical or otherwise, that you may incur as a result of eating a certain food recommended by the Application.
Indemnity and Liability
You will defend, indemnify and hold harmless Moxie Apps, INC, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims. However, this limitation of liability does not intend to exclude the liability of Moxie Apps, INC for the intentional and/or deliberate recklessness of Moxie Apps, INC themselves ("their own acts") and or the management of the Application.
In no event shall Moxie Apps, INC be liable to You or to any third party for any damages arising out of use of the Application or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Moxie Apps, INC has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Moxie Apps, INC will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Moxie Apps, INC is liable for damage under mandatory law, Moxie Apps, INC's aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred dollars ($100) per incident.
Use of this mobile application constitutes your unconditional acceptance of these Terms of Service and Privacy Policy.
