Terms and condition of Service:
Effective: January 01, 2021
Please carefully review the terms and conditions before using our services. The following terms and conditions ("Terms") govern all use between you and Eatstations (Nailmaster.co LLC a Missouri Corparation) (“EATSTATION,” ‘WE.” “US,” OR “OUR,”). website and all content, services, and products available at or through the website, including, but not limited to the EatStations App. Our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EatStations’s Privacy Policy) and procedures that may be published from time to time by EatStations.com Inc (collectively, the "Agreement"). You agree that we may automatically upgrade our services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by EatStations, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires an EatStations account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. EatStations.com, your EatStations Account and Website. If you create an account on EatStations, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate an account, chat, post material using our platform, post links on our services, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our platform, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to our platform for inclusion on your website, you grant our platform a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your account. This license allows us to make publicly-posted content available to third parties selected by us so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other our platform users permission to share your Content on other our websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your account. If you delete Content,
we will use reasonable efforts to remove it from our platform, but you acknowledge that caching or references to the content may not be made immediately unavailable. Without limiting any of those representations or warranties, we has the right (though not the obligation) to, in EatStations’s sole discretion, (i) reclaim your username or account information due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any our policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our platform to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
Advertisements. We reserve the right to display advertisements on your account.
Attribution. We reserve the right to display attribution text or links in your account, attributing us or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to us.
Number of Party. By activating a partner theme from the check-in process section of our application or email, you agree to that partner's terms of service. You can opt out of their terms of service at any time by deactivating the number of the party option.
Paid Service. Becoming a member of our platform services are provided by us under the terms and conditions for each such service. By signing up for our services account, you agree to abide by such terms and conditions.
License. You agree that we may scan your website, and compile aggregated/anonymized statistics for our internal use to optimize our platform performance.
Features. Our platform includes various features, and you can visit our website to learn more about them. Some features when activated, will include your account content in our platform. By activating these features, you grant us permission to display your content on our platform for the purpose of distributing and promoting your website. Some features are on by default and others you need to enable manually. You can see which features are active, and activate and deactivate features, on your dashboard. You may only have access to certain features only if you make an account with our platform.
Storage of Information. Certain features rely on our platform servers to function, such as those that allow you to send email, publish links, relate posts to each other, or resize images. To take advantage of the performance, certain information about the content, settings, and setup of your account are synced with our servers.
Our premium account. We will backup your content. You can view the content that we backs up via your account dashboard. You're fully responsible for your account. It's your responsibility to ensure that your account abides by applicable laws and by these Terms.
Access. If you lose access to your account by using our platform, you may not be able to access your backed up content.
License. By using our platform, you grant us access to your website's servers for the purpose of backing up and securing your account premium content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your account, or we may access your account to remove content. We may also scan our premium content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of our platform premium service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your business premium content, to the extent necessary to operate our premium service. These terms don't give us any rights in your account premium content, beyond those we need to operate as an our premium. You own your premium content.
Prohibited Uses. When using our platform, you agree not to publish material or engage in activity that is illegal under applicable law.
Use malicious attacks to overburden our platform systems, as determined by us at our sole discretion.
Disclose the sensitive personal information of others.
Send spam or bulk unsolicited messages.
Interfere with, disrupt, or attack any service or network.
Distribute material that is or enables malware, spyware, adware, or other malicious code.
Cancellation. If you cancel your subscription to our platform, we will queue your backed-up on our platform premium content for deletion.
Ecommerce
There are certain features offered via our platform that enable you to sell items (goods, content, services, etc.) on your account.
Usage of Information. Some services may require our servers, a connection to our partners, and/or data from your site, to work.
Prohibited Uses. You may not use our platform features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to our platform if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
Third Party Services. You may choose to set up and/or use third party services, to collect payment, calculate taxes, or to manage shipping. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.
Please note that some of these third-party services (like TaxJar) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third-party services, please disable them.
Tax Calculations. You are responsible for all taxes and fees associated with your commerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some of our features allow you to make transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your account. If any charges are assessed against us as a result of your services, you will reimburse us for the full amount within 7 days.
You may not transfer or sell postage and/or shipping labels to a third party.
Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes, and fees, compliance with the Payment Card Industry Data Security Standard (PCIDSS), and compliance with any applicable laws. Among other things, this means that:
You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies. We are not involved in your relationships or transactions with any customer or potential customer.
You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties, you make to them in connection with a sale.
Responsibility of Visitors.
We have not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot, therefore, be responsible for that material's content, use or effects. By operating our Services, our platform does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions,stated or unstated. Eat Station disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
2. Fees, Payment, and Renewal.
Fees. Some of our Services are offered for a fee while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees, which we'll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
Refunds. While you may cancel a Paid Service at any time, refunds are issued at our sole discretion.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which our platform links. Our platform does not have any control over those non-EatStations.com websites, and is not responsible for their contents or their use. By linking to a non-EatStation.com website, our platform does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Eat Station disclaims any responsibility for any harm resulting from your use of non-EatStations.com websites and web pages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your account. If you use any Third Party Services, you understand that:
Third Party Services are not vetted, endorsed, or controlled by us.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled according to the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
Third Party Services may not work appropriately with your account, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly. In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
5. Copyright Infringement and DMCA Policy.
As our platform asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our platform violates your copyright, you are encouraged to notify us in accordance with the- Digital Millennium Copyright Act ("DMCA") Policy. Eat Station will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Eat Station or others. In the case of such termination, Eat Station will have no obligation to provide a refund of any amounts previously paid to Eat Station.
6. Intellectual Property.
This Agreement does not transfer from our platform to you or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Eat Station, the our platform logo, and all other trademarks, service marks, graphics and logos used in connection with our platform or our Services, are trademarks or registered trademarks of our platform licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Eat Station or third-party Trademarks.
7. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. Termination.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Eat Station account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Premiership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided "as is."our platform hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither our platform nor its suppliers and licensors make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Missouri, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts.
11. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Missouri, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
12. Limitation of Liability.
In no event will we, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this Agreement during the twelve (12) month period prior to the cause of action. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products are not contrary to applicable U.S. Sanctions. Such use is prohibited, and Eat Station reserves the right to terminate accounts or access of those in the event of a breach of this condition.
15. Indemnification.
You agree to indemnify and hold harmless our platform, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
16. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
17. Payment of Subscription.
Our platform offers a range of subscription plans. Each plan includes a range of user interactions and engagement services that may be recorded by our services on your account in any given moment of the subscription period.
If you cancel your membership, you will lose all access to Eat Stations and our application and any data or information pertaining to your account.
If you cancel your membership during a Trial Period, effective upon such cancellation, you will immediately lose all access to Eat Stations and any data or information stored in your account. If you participate in a Trial Period(1 cent charge), you must cancel the Eat Station membership by the end of the Trial Period to avoid incurring any charges. If you do not cancel the Eat Station membership before the trial period expires, you authorize us to charge your credit card the full cost of the membership, as described during the registration process. Your membership will then automatically renew and continue every 30 days, unless and until you cancel your member or terminate it. You will not receive a notice from Eat Stations that your trial period is about to end or has ended.
You will pay all fees specified at the order page. Fees are based on services subscription purchased and not actual usage, payment obligations are non-cancelable and fees paid are non-refundable.If any
The amount owing by you under this or any other agreement for Eat Stations service is 24 hours or more overdue(or 1 or more days overdue in the case of amounts you have authorized us to charge your credit card). Eat Stations may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full,
18. Social Media Information.
We may provide you with the option to use your social media account, such as Facebook or Google, to place an order or create an account. If you engage with us this way, your social media account may share Personal Information with us. The Personal Information we receive varies depending on the social media provider, but will often include your name, e-mail address, contacts list, profile picture, and other information you choose to make public. Please note that we do not control, and are not responsible for, other uses of your Personal Information by your third-party social media provider.
If you place an order using a social media login through the Sites, you may remove our platform access to your social media account information through the appropriate setting channels. If you remove our platform access to your social media account we may retain certain information you provided to it. We are not responsible for the content or information by your social media account or action of the social media provider.
19. Information Collected.
We may collect certain types of information when you use or visit our website and application. We use this information to improve and enhance our services, your experience, and for security purposes. This information does not reveal your Personal Information. It may include: 1) the device and usage information you use to access the Sites; 2) your IP address; 3) browser and device characteristics 4) operating system 5) referring URLs, 6) your location with your consent, we may obtain geolocation information from your mobile device, or certain third-party providers, while you are using our website or application, to provide location-based services. You may control the collection of geolocation information based on your mobile device’s settings. If you decline to allow Eat Stations to collect geolocation data, Eat Stations may not be able to provide certain services to you, and 7) what parts of the Site you use and how often. If you use your mobile device to use the Sites, we may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information, and IP address.
20. Merchants and Services.
You understand and agree that our platform provides a digital platform connecting you with independent food service providers. The food service providers or Merchant may provide the user with food and the action of delivery through their own employees or takeout. You acknowledge and agree that our platform does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or their employees. We do not provide any food preparation services or retail services, all actions are through Merchants. Eat Stations does not or provide delivery or takeout and all actions of which are through Merchants. Eat Stations does not employ any delivery drivers or people. We provide a platform facilitating the transmission of orders by users to Merchants. We will not assess or guarantee the suitability, legality or ability of any Merchant, their employees, or contractors. You agree that we are not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and does not verify Merchants’ compliance with applicable laws or regulations.
We have no responsibility or liability for acts or omissions by any Merchant, their employees, or contractors. To the fullest extent permitted by law, Eat Stations excludes all liability arising out of its supply of the products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay from the Merchant; any circumstances over which Eat Stations had no control of the consequences and which Eat Stations could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the user or others. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Merchant will be directed by your instructions to transport the products to your designated delivery location. The Merchant should aim to provide users with ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or any other unforeseen circumstances. This is to ensure the safety of all people. Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis and we expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary. The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. We are not liable in any way if the description of products is not complete.
The Client agrees to accept delivery of the Products at the agreed time and place. If you have chosen for the Products to be delivered, the Merchant will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the Merchant and users consent to this. If you are not present to take delivery of the goods at the address given in your order, then we will not refund you the price for your order and will charge you for the full amount of your order.The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. All orders are the sole responsibility of the Merchant of which the users ordered from. Anyhow, if you wish to cancel or complain about your order, please call your local Merchant and dispute your claim. Eat Stations is not responsible for the dispute between the user and the Merchant.
21. Arbitration Agreement.
You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding our platform or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with us as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Eat Station may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. Cases against us--and others may be filed in the future--that attempt to assert class action claims, and by accepting this arbitration agreement you elect no to participate in such cases. If you agree to arbitration with us, you are agreeing in advance that you will participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against us in an individual arbitration proceedings. If successful on such claims, you could be awarded money or other relief by an arbitrator.
22. Miscellaneous.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EatStations, or by the posting by us of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted.
