TERMS AND CONDITIONS

Last Update: September 1st, 2023 

1. ACCEPTANCE

These Terms and Conditions (the “Terms”) govern your visits to https://footienation.com/ (the “Site”) and FOOTIENATION (the “App”). The Site and the App are referred to collectively herein as the “Platform.” SPECTRE NETWORKS LTD (“we,” “us,” or “our”) owns and operates this Platform.  The term "you" refers to any user of the Platform.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.

2. NEUTRAL VENUE

1.       Venue. FOOTIENATION connects users with family-owned, non-chain restaurants in their community. Our free Platform allows users to easily discover and explore local dining options. Restaurants can upload menus at no cost and showcase specials and events through paid advertising and promotions on our Site and App. Content appears on our Platform on an “as is” basis, to be relied at your own risk. We shall not be held liable for what users decide to do with the information presented on our Platform, third party links and services, reviews, users’ transactions, losses and any consequences of reliance on our Platform’s content.
2.       Interactive Features. This Platform includes interactive features that allow users to communicate with us, businesses and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
3.       DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.

3. INTELLECTUAL PROPERTY

1.       Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
2.       Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
3.       Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to ___________@________.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material or link you claim is infringing.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of your report:

-          “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”

-          “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

4. REGISTRATION AND SUBSCRIPTION

To access certain features and resources on the Platform, you must create a profile account as either users or restaurants. By registering, you agree to provide accurate and complete information about yourself and to maintain and update this information as necessary. You are responsible for maintaining the confidentiality of your account and password, as well as for all activities that occur under your account.

Restaurants can purchase paid subscriptions to access premium features and promotion opportunities through their accounts. This feature is a paid service, subject to fees as detailed in Section 9 (“Payment Terms”). All subscriptions are final and non-refundable. The Platform does not provide refunds on any unused portion of a paid subscription.

5. ACCEPTABLE USE POLICY

By visiting this Platform, you represent and agree that:

1.      You have a full capacity to enter into a legally binding agreement, such as these Terms.
2.       You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
3.       If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
4.       You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
5.        You will ask for our permission before copying anything from our Platform for republication.
6.         You will not use our Platform for anything illegal.
7.       We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
8.       Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
9.         You will not impede the proper functioning of the Platform.

6. USER-GENERATED CONTENT

1.         Restaurants are able to upload menus, events, and other business information to their listings on the Platform. This content is generated entirely by the restaurants themselves. We do not guarantee the accuracy, completeness, or timeliness of any user-generated content. Prices, availability, and other details may change without notice.
2.         Scraped Content. Some restaurant information on the Platform may be collected through data scraping or similar methods. This content is provided on an “as is” basis without any guarantees regarding accuracy or timeliness. Prices, availability, and other details may change without notice.
3.         Reporting Errors. While we strive to provide accurate restaurant information, we recognize errors may occur, especially with user-generated content. Users can report suspected errors through the app. These reports will be sent to the restaurant so they can update any incorrect details. We, however, has no direct responsibility for identifying or correcting any errors in restaurant listings.

7. PAYMENT TERMS

1.       General Payment Information. All payments for services provided by the Platform must be made in advance. Services will be activated only upon confirmation of successful payment.
2.       Available Payment Plans.

1. Ala Carte Options: Users can select individual, one-off services such as special promotions or premium listing slots. Pricing for these Ala Carte options will be provided at the time of selection.
2. Monthly Subscriptions: The Platform offers various monthly subscription packages with features that vary by tier. These may include advanced analytics, promotional spots, and more.

3.       Automatic Renewals. Monthly subscriptions will automatically renew at the end of each billing cycle at the then-current rate, unless cancelled by the user.
4.       Cancellation Policy. Users can cancel subscriptions at any time through their account settings. However, payments already made are non-refundable, unless otherwise required by law.
5.       Taxes and Additional Fees. Listed prices are exclusive of any applicable taxes, levies, or duties, which are the sole responsibility of the user. Additionally, users are responsible for any exchange rate fluctuations and bank fees when making payments in a currency other than that specified by the Platform.
6.         Payment Processors.

1. PayPal: Payments can be processed through PayPal in accordance with PayPal’s terms of service and privacy policy. We are not responsible for PayPal's practices. Any issues related to PayPal payments should be addressed directly with PayPal.
2. Stripe: Payments can also be processed through Stripe in accordance with Stripe's terms of service and privacy policy. We are not responsible for Stripe’s practices. Any issues related to Stripe payments should be addressed directly with Stripe.

e) Dispute Resolution with Payment Processors. We are not liable for any issues related to your transactions with PayPal or Stripe. Any payment disputes or inquiries should be resolved directly with the applicable payment processor.

8. CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

9. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

1.       EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
2.       The Platform does not guarantee the accuracy, reliability, completeness, availability, or price of any content on the Platform, including but not limited to restaurant listings, menus, events, reviews, or other user-generated content. The Platform will not be checking for price changes or availability of menu items. We neither endorse nor assume responsibility for any restaurants, products, sellers, or transactions resulting from use of the Service. Users bear full responsibility for verifying the accuracy and suitability of all restaurant, menu, event, review, and transaction related information.
3.       In no circumstance will the Company, its directors, officers, employees, or agents be held accountable for any damages, whether they be direct, indirect, incidental, consequential, or punitive, stemming from your interaction with or inability to use the Platform. This encompasses, but is not limited to, potential inaccuracies in content, loss of data, or any harm sustained.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

12. APPLE APP STORE

By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

1.       Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
2.       The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
3.       In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
4.       Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
5.       In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
6.         You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
7.      Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

13. GOOGLE PLAY 

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

1.       to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
2.       you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.

14. ARBITRATION; CLASS ACTION WAIVER

1.       Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
   The arbitration shall be governed by the laws of the State of Michigan. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial. 
2.       Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

15. GENERAL

1.       Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
2.       Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
3.       Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
4.       Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
5.       Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
6.         Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
7.       Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
8.       Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

16. CONTACT US

Please address your questions and feedback to:

bestlocaleats@gmail.com