You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the Sites if you are under the age of 13.
With the exception of User Content (detailed below), the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by, licensed to Nomnomz or are open source materials we are allowed to use. The Sites and the Materials we create are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are or may be displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to Nomnomz LLC. Please be advised that Nomnomz actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Nomnomz or the appropriate third party owner, as applicable.
If you download any software from the Sites, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Sites and/or Materials (including without limitation all User Content), and/or all Uses by Nomnomz and/or any third party authorized by Nomnomz.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nomnomz DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Nomnomz DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES. YOU (AND NOT Nomnomz) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Under no circumstances, including, but not limited to, negligence, shall the Released Parties be liable to you and/or any third party (whether in contract, tort (including, but not limited to, negligence) and/or otherwise) for any special, consequential, incidental, direct, indirect, and/or punitive damages, lost profits, lost data, lost opportunities, costs of cover, and/or any other loss and/or injury that results from the use of, and/or the inability to use, the Sites, the Materials, User Content and/or any other content on the Sites (including without limitation relating to any products and/or services accessed through or otherwise in connection with the Sites), even if the Released Parties have been advised of the possibility of such damages, other loss and/or injury.
Nomnomz respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Nomnomz with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed at a single online site, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
By accessing and/or using the Sites, you agree that you will not use the Sites for any unlawful purpose or engage in any other use prohibited by this Agreement. You further agree that you will not use the Sites in any manner that could damage, disable, overburden and/or impair any Nomnomz server, or the network(s) connected to any Nomnomz server, and/or interfere with any other party’s use and enjoyment of the Sites. You may not attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Nomnomz server. You may not access the Sites using a third party’s account/registration. Unless Nomnomz specifically authorizes you to do so in writing, you may not deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites. Further, you may not license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service.
Nomnomz reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to the Sites.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Sites, the Materials and/or other content on the Sites shall be submitted exclusively to the jurisdiction of the state or federal courts of applicable jurisdiction located in the County and State of New York. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by Nomnomz of any provision of this Agreement must be in writing.
Personally Identifiable Information (or "PII") ") is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided through the Sites (for example, to use the services offered on the Sites), we may require that you furnish PII. We and our third party service providers collect your PII, such as your name, postal address, telephone number, e-mail address, credit card number or other payment account number (including the three (3) or four (4) digit validation code for your credit card), date of birth, when you voluntarily provide it to us or when your employer provides any such PII to us.
Non-Personally Identifiable Information (or "Non-PII") is aggregated information, demographic information and any other information that does not reveal your specific identity. We and our third party service providers may collect your Non-PII, including information about the device you are using in accessing and/or using the Sites, information from referring websites, and your interaction with the Sites. We and our third party service providers also may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Sites, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Additionally, we and our third party service providers may collect Non-PII such as your employer's department code and expense code when provided to us by your or your employer.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). Your IP Address is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.
We use your PII to fulfill your orders, enhance user experience, research usage trends and customize your experience for you.
Forums and Profiles. We and our third party service providers may make available through the Sites certain services (for example, message boards, chat functionality, "profile pages" and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to visitors to the Sites and to the general public, including without limitation the Ratings and Reviews that accompany many restaurant listings and the comments section of our blog posts. We urge you to exercise discretion and caution when deciding to disclose your PII, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PII YOU DISCLOSE THROUGH THE SITES.
Security. We and our third party service providers use reasonable organizational, technical and administrative measures to protect PII under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below. (Note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem.)
Unsubscribe. If you do not wish to receive marketing-related emails from us, you may unsubscribe from receiving them by clicking on the "unsubscribe" link at the bottom of any of those emails.
Changing PII. You may review, correct and/or update certain elements of your PII by adjusting your preferences in the "My Account" section of Nomnomz. We and our third party service providers are not responsible for altering PII from the databases and/or other records of third parties with whom we and our third party service providers have shared your PII.
Note Regarding the Use of the Site by Children. The Sites are not directed to and/or intended for use by individuals under the age of thirteen (13), and we request that such individuals not use the Sites and not provide PII through the Sites.
Disclaimer. If you choose to access the Sites, you do so at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any PII, you consent to the transfer of PII to other countries, such as the United States, which may provide a different level of data security than your country of residence provides.