Terms of Use

Dollar Eats Terms of Use and End User License Agreement

These Terms of Use (the "Terms of Use" or "Terms") apply to the services and information (collectively, the "Services") that Dollar Eats, LLC ("Dollar Eats," "we," "our", or "us") provides to you, including those that we make available through our website at https://DollarEats.com/ (our "Website") and our mobile app (our "App") (the Services, together with our Website and App, our "Platform"). To assist you in using the Platform and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created (i) these Terms of Use, and (ii) the Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Platform, including Personal Information (as such term is defined in the Privacy Policy), and our Terms govern your use of our Platform.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS IMPOSE LEGAL OBLIGATIONS ON YOU AND ON DOLLAR EATS, AND ESTABLISH OUR LEGAL RELATIONSHIP.

1. Your Agreement.

These Terms apply to anyone that uses or visits our Platform (collectively, "you"). You indicate your consent to these Terms in different ways, depending on your relationship with us, as set forth below.

1.1. Consent by Non-Registered Users.

We have structured our Platform so that you are able to view a limited amount of information available on our Platform and use certain of our Services without registering an account with us. By accessing, downloading, or otherwise using our Platform or Services as a non-registered user, you are acknowledging that you have read and understood, and agree to be legally bound by, these Terms.

1.2. Consent by Registered Users.

Certain of our Services are available only to users who have registered with us and created user accounts ("Registered Users"). To participate in the Services as a Registered User, you must: (i) complete the registration process at our Platform; (ii) pay the Fee (as that term is defined hereinbelow); and (iii) indicate your consent to this Privacy Policy in the manner we specify during the registration process.

1.3. Your Consent to Our Privacy Practices.

Our Privacy Policy explains how we treat information that you provide to us, including through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available at: https://www.dollareats.com/privacy-policy.

2. Our Services; Dollar Eats Platform.

2.1. Overview.

Our Platform allows consumers (“Customers”) to purchase a subscription (“Subscription”) for the Fee that allows Customers to purchase pizza and/or other items from specified participating food service establishments (the “Participating Restaurants”) at member pricing (the “Offered Discounts”) compared to prices offered to consumers who do not purchase a Subscription. The discounted prices and Participating Restaurants are subject to change from time to time at the sole discretion of Dollar Eats. You are granted a limited, non-transferable, non-exclusive license to use the App and Platform so long as you are in full compliance with these Terms.

Dollar Eats is not responsible or liable for user conduct or Submitted Content (as defined hereinbelow). You are solely responsible for your conduct, Submitted Content, and interaction with other Platform users, both online or offline. We have no obligation to become involved in disputes between Platform users. If you have a dispute with another Platform user, then you release Dollar Eats (and our subsidiaries, affiliates, officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

2.2. Additional Customer Terms.

If you are a Customer, the following terms shall apply to your participation in Virtual Events:

· When utilizing the Platform or visiting any of the Participating Restaurants, you must at all times conduct yourself in a professional and workmanlike manner, with proper behavior, verbal conduct, and attire.

· Fees are nonrefundable if you cancel during a Renewal Term (as that term is defined hereinbelow).

3. Registration; Password Protection.

In order to access and participate in certain of our Services, you must become a Registered User. To become a Registered User you do not have to purchase a Subscription. However, only Customers who purchase a Subscription shall be entitled to the Offered Discounts. During the registration process, you will be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate. If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. You are not permitted to share your login credentials with any other person; should you share your login credentials with any other person we may terminate your account and Subscription immediately and without notice or other warning to you. Customers who intentionally or willfully share their login credentials with any other person, for any reason, may be banned from obtaining the Services at any point in the future and may forever be barred from purchasing a Subscription. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Platform and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

4. Fees; Payment.

4.1. Fees for Monthly Membership Plan

Certain of our Services will incur a fee, such as when you purchase a Subscription ("Fees"). All Fees are stated exclusive of taxes. Dollar Eats may charge you for, and you shall pay, all taxes, assessments, charges, duties, or levies imposed by any taxing authority relating to the Fees. Applicable taxes include sales, goods and services, use, lease, excise, consumption, stamp duty, value added, and gross receipts taxes. You are not required to pay or reimburse us for any of our employment taxes or any taxes imposed on our income. You agree that all Fees paid by you are non-refundable, and including any Fees for Virtual Events or other amounts paid to us. Fees will be charged to you on a monthly basis. When you commit to purchasing a Monthly Subscription Plan (“Subscription”) the initial term of the Subscription shall be thirty (30) calendar days (the “Initial Term”). Subsequent to the Initial Term, and every thirty (30) calendar days thereafter, the Subscription shall automatically renew, and you will be charged Fees, for an additional thirty (30) calendar days (each renewal a “Renewal Term”)(the Initial Term and all subsequent Renewal Terms, collectively the “Term”) unless expressly cancelled by you at least two (2) calendar days prior to the end of the then in effect Initial Term or Renewal Term. Dollar Eats reserves to right to change the Fees at any time for any reason or no reason at all in the sole and exclusive discretion of Dollar Eats. The Fees are fully earned by Dollar Eats at the beginning of the Initial Term and each subsequent Renewal Term and no refunds shall be provided if your Subscription is terminated (by you or by us) prior to the expiration of the Term.

4.2. Fees for Annual Membership Plan

Certain of our Services will incur a fee, such as when you purchase a Subscription ("Fees"). All Fees are stated exclusive of taxes. Dollar Eats may charge you for, and you shall pay, all taxes, assessments, charges, duties, or levies imposed by any taxing authority relating to the Fees. Applicable taxes include sales, goods and services, use, lease, excise, consumption, stamp duty, value added, and gross receipts taxes. You are not required to pay or reimburse us for any of our employment taxes or any taxes imposed on our income. You agree that all Fees paid by you are non-refundable, and including any Fees for Virtual Events or other amounts paid to us. Fees will be charged to you on an annual basis. When you commit to purchasing an Annual Subscription Plan (“Subscription”) the initial term of the Subscription shall be three hundred sixty-five (365) calendar days (the “Initial Term”). Subsequent to the Initial Term, and every three hundred sixty-five (365) calendar days thereafter, the Subscription shall automatically renew, and you will be charged Fees, for an additional three hundred sixty-five (365) calendar days (each renewal a “Renewal Term”) (the Initial Term and all subsequent Renewal Terms, collectively the “Term”) unless expressly cancelled by you at least seven (7) calendar days prior to the end of the then in effect Initial Term or Renewal Term. Dollar Eats reserves to right to change the Fees at any time for any reason or no reason at all in the sole and exclusive discretion of Dollar Eats. The Fees are fully earned by Dollar Eats at the beginning of the Initial Term and each subsequent Renewal Term and no refunds shall be provided if your Subscription is terminated (by you or by us) prior to the expiration of the Term.

5. Ownership; Reservation of Rights.

All information, software, videos, audio, pictures, logos, trademarks, trade dress, and other content on the Platform or embodied in our Services, including all associated intellectual property rights (collectively, the "Dollar Eats Content"), are the property of Dollar Eats and its licensors, and protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Dollar Eats and its licensors retain all rights with respect to the Platform and the Dollar Eats Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Platform unless specifically authorized in writing to do so by Dollar Eats.

6. Grant of Rights to You in Dollar Eats Content.

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Platform and Dollar Eats Content solely for your personal use, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Platform or Dollar Eats Content; (ii) modify or make derivative works based upon the Platform or Dollar Eats Content; or (iii) reverse engineer, reverse compile, or access the Platform or the Dollar Eats Content in order to build a competitive product or service. You may access and view the Platform and the Dollar Eats Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Platform or the Dollar Eats Content for any other purposes.

7. Code of Conduct.

AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT (THE "CODE OF CONDUCT"), SET OUT BELOW. UNDER THIS CODE, YOU WILL NOT:

· Upload, email, or otherwise transmit Submitted Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable in our sole discretion.

· Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.

· Submit material that is misleading, false, defamatory, threatening, or harassing.

· Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Platform without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.

· Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.

· Use the Platform to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

· Use the Platform in a manner that could disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website, such as through sending "spam" email.

· Test or reverse engineer the Platform in order to find limitations, vulnerabilities, or to evade filtering capabilities.

· Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Website.

· Use the Platform for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Platform to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

8. Monitoring; Revocation or Suspension of Use Privileges.

We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all portions of the Platform if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Platform, we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits or to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE RESERVE THE RIGHT TERMINATE YOUR USE OF SOME OR ALL OF THE PLATFORM OR SERVICES, AND TO REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct are based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Dollar Eats reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

9. Reports and Complaints.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 20.

10. Links to Third Party Platforms.

The Platform may contain links to third party websites or third party features (collectively, the "Linked Sites"). Linked Sites may include websites operated by third parties that we engage to provide certain Services on our behalf, such as to process your payments. Dollar Eats does not own these Linked Sites and Dollar Eats does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. Dollar Eats does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree and understand that such use is at your own risk.

Be aware that if you submit Personal Information to a Linked Site, then the Personal Information that you submit to the Linked Site shall be governed by the Linked Site's privacy policy and terms of use, and not by our Privacy Policy or these Terms of Use; provided, however, if such Linked Site is collecting and/or processing such Personal Information on our behalf, then we will treat the Personal Information in accordance with our Privacy Policy.

11. Content You Submit to Dollar Eats.

11.1. Submitted Content.

If you provide us with Submitted Content for posting on our Platform or for any other use as contemplated under our Privacy Policy, then we will treat the Submitted Content as non-confidential and non-proprietary to you. By providing Submitted Content, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us to use and allow others to copy, modify, display, distribute, perform, use, and otherwise exploit the Submitted Content in any manner and in any location, channel, or medium, all without compensation to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. Moreover, by providing Submitted Content, you represent and warrant that you have sufficient authority and right to provide the content and to provide these Use Rights.

By providing Submitted Content, you represent and warrant that: (i) that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights; (ii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third party rights; and (iii) if the Submitted Content depicts a person or persons, then each person depicted has provided you with consent to use the Submitted Content as set forth in these Terms.

Dollar Eats acts only as a passive conduit for your distribution and publication of your Submitted Content. Dollar Eats takes no responsibility and assumes no liability for any Submitted Content that you or any other User or third party posts, sends, or otherwise makes available via the Platform. You shall be solely responsible for your Submitted Content and the consequences of posting, publishing, sharing, or otherwise making it available on our Platform. You understand and agree that you may be exposed to Submitted Content on our Platform that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Dollar Eats shall not be liable for any damages you allege to incur as a result of or relating to any Submitted Content.

11.2. Personal Information.

Notwithstanding anything to the contrary, if you provide Submitted Content, then we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us may, once published, be publicly available to anyone. Although we may review Submitted Content prior to using it, we make no representations or warranties regarding any Submitted Content or our review of such Submitted Content. In addition, any Personal Information that is included in Submitted Content may be posted on our Platform or otherwise used and may be made publicly available. As such, please use discretion when including Personal Information and other details in Submitted Content that you provide to us.

11.3. Information about Others.

If you provide us with information about another individual or otherwise include information about another individual with Submitted Content, you expressly acknowledge and agree that you have sufficient legal authority to act on that individual's behalf.

11.4. Right to Decline Submitted Content.

We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.

12. Warranty Disclaimer.

DOLLAR EATS DOES NOT PROMISE THAT THE PLATFORM OR DOLLAR EATS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE PLATFORM (INCLUDING SERVICES) AND DOLLAR EATS CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR DOLLAR EATS CONTENT, YOU DO SO AT YOUR OWN RISK. DOLLAR EATS DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

DOLLAR EATS EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING DOLLAR EATS CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM OR DOLLAR EATS CONTENT, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE YOUR ACCESS TO OR USE OF THE PLATFORM AND DOLLAR EATS CONTENT IS AT YOUR SOLE RISK.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL DOLLAR EATS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE DOLLAR EATS CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE DOLLAR EATS CONTENT EXCEED AMOUNT OF FEES PAID BY YOU TO DOLLAR EATS. You agree that in the event that you have any right, claim, or action against any third party arising out of such party's use of the Platform, then you will pursue such right, claim, or action independently of and without recourse to us.

14. Indemnity.

You agree to defend, indemnify, and hold Dollar Eats and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or the Privacy Policy.

15. Modifications to these Terms; Assignment.

We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Platform. Please feel free to print out a copy of these Terms for your records. These Terms shall not be assignable by you, either in whole or in part. Dollar Eats reserves the right to assign its rights and obligations under these Terms.

16. General.

These Terms shall be governed in all respects by the laws of the State of Texas without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the judicial district that includes Dallas, Texas. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Dollar Eats's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 18, this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Dollar Eats and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

17. Survival.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 4; (ii) Section 5; (iii) Section 7; (iv) Section 12; (v) Section 13; (vi) Section 14; (vii) Section 16; (viii) Section 17); and (ix) Section 18 .

18. Additional Terms.

Certain Services may be subject to additional or different terms and conditions. We will notify you if a Service is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service if you do not agree with the differing terms and conditions.

19. Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction with (i) other agreements into which you and Dollar Eats may enter concerning the Platform (if any), and (ii) our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

20. Contact Us.

If you have any questions about these Terms, the practices of our Platform, or your dealings with our Platform, please contact us by using the information below, or by other means of communication as described on our Platform: INFO@DOLLAREATS.COM.

21. Effective Date.

The effective date of these Terms of Use is August 24, 2021.