Terms of Service

Last modified December 10th, 2012

A Basic Summary of our Terms of Service:

We (the staff at LetsEat.at LLC) run a service called LetsEat.at and would love for you to use it. Our basic service is free, and we offer paid upgrades ("LetsEat.at Pro") for features such as the removal of advertising, advanced content management, and extra storage. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your website or get linked to from your website (things like spam, viruses, excessively adult-oriented or hate content).

If you find a LetsEat.at member website that you believe violates our terms of service, please inform us via our contact page.

Terms of Service:

The following terms and conditions govern all use of the LetsEat.at website and all content, services and products available at or through the website, including, but not limited to, the LetsEat.at web creation service (the "Service"). The Website is owned and operated by LetsEat.at LLC ("LetsEat.at"). The Website is 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, LetsEat.at's Privacy Policy) and procedures that may be published from time to time on this Site by LetsEat.at (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LetsEat.at, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your LetsEat.at Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LetsEat.at may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LetsEat.at liability. You must immediately notify LetsEat.at of any unauthorized uses of your site, your account or any other breaches of security. LetsEat.at 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. Technical support is only provided to paying account holders and is only available via email.

2. Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own.

By submitting Content to LetsEat.at for inclusion on your Website, you grant LetsEat.at 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 site. If you delete Content, LetsEat.at will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

LetsEat.at's Service is intended solely for businesses in and directly related to the food service industry, including but not limited to restaurants, cafés and bars. The Service is not permitted for regional, national or international franchises or chains with over 10 units.

LetsEat.at's website template designs, logo, related graphics, text, and trade names are trademarks of LetsEat.at and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners.

Without limiting any of those representations or warranties, LetsEat.at has the right (though not the obligation) to, in LetsEat.at's sole discretion (i) refuse or remove any content that, in LetsEat.at's reasonable opinion, violates any LetsEat.at policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LetsEat.at's sole discretion. LetsEat.at will have no obligation to provide a refund of any amounts previously paid.

3. Responsibility of Website Visitors. LetsEat.at has not reviewed, and cannot review, all of the material, including restaurant information, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, LetsEat.at 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. LetsEat.at disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which LetsEat.at links, and that link to LetsEat.at. LetsEat.at does not have any control over those non-LetsEat.at websites and webpages, and is not responsible for their contents or their use. By linking to a non-LetsEat.at website or webpage, LetsEat.at does not represent or imply that it endorses such website or webpage. 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. LetsEat.at disclaims any responsibility for any harm resulting from your use of non-LetsEat.at websites and webpages.

5. Copyright Infringement and DMCA Policy. As LetsEat.at 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 LetsEat.at violates your copyright, you are encouraged to notify LetsEat.at. LetsEat.at will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LetsEat.at or others, LetsEat.at may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LetsEat.at will have no obligation to provide a refund of any amounts previously paid to LetsEat.at.

6. Intellectual Property. This Agreement does not transfer from LetsEat.at to you any LetsEat.at or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LetsEat.at. LetsEat.at and the LetsEat.at logo, and all other trademarks, service marks, graphics and logos used in connection with LetsEat.at, or the Website are trademarks or registered trademarks of LetsEat.at or LetsEat.at's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LetsEat.at or third-party trademarks.

7. Allotted Bandwidth. LetsEat.at does not set arbitrary limits on the amount of web traffic your web site can receive nor does LetsEat.at charge additional fees based on increased use of bandwidth, as long as your use of the Service complies with these Terms. LetsEat.at retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice. Generally, your web site will be able to handle as much traffic as any regional restaurant can legitimately acquire. However, LetsEat.at reserves the right to temporarily or permanently limit access to your site in situations where it becomes necessary to prevent a negative impact on other users.

8. Service Uptime. LetsEat.at will make reasonable efforts to ensure that the Site and Services are available consistently twenty-four hours a day. However, there may be times when the Site and/or Services will be disrupted due to software maintenance, system upgrades and emergency repairs or due to malicious attacks or the failure of telecommunications equipment and links. LetsEat.at will take every reasonable step to minimize the length of any such interruption where it is within LetsEat.at’s reasonable control. YOU AGREE THAT LETSEAT.AT WILL NOT BE HELD LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICE, OR ANY OTHER CONTENT.

9. Changes. LetsEat.at reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LetsEat.at may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. LetsEat.at reserves the right to alter, and temporarily or permanently discontinue the Service or its current features with or without notice.

10. Cancellation and Termination. LetsEat.at may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LetsEat.at free account (if you have one), you may simply discontinue using the Website or log in to your account and cancel from the Preferences link in your account console. If you wish to terminate your LetsEat.at paid account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. In order to cancel your LetsEat.at paid subscription you must log into your account and cancel from the dashboard. Canceling your Service may result in the immediate deletion of your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Fees and Refunds. LetsEat.at Pro subscriptions are billed on an annual or monthly basis and are non-refundable. Prior to signing up for an account, we HIGHLY recommend that you test the Service using the free version first. Pricing of all Services is subject to change upon 30 days notice from LetsEat.at. Such notice may come either in the form of an email or through a general posting on LetsEat.at. You authorize LetsEat.at directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and financial information. Your credit card may be billed immediately for the first month when you upgrade from a free account. The recurring monthly payments will occur on the same day of the month as your signup day for the duration of your subscription. Each website you create will be billed separately and may be billed in different cycles. In the event that you sign up for your subscription on a day that does not exist during certain months of the year (such as the 30th or 31st day), you will be billed on the last day of those months. LetsEat.at fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, with the exception of only federal or state taxes in the United States. Downgrading your Service to a free account may cause the loss of site content. LetsEat.at does not accept any liability for such loss. LetsEat.at does not pro-rate subscriptions and no refund will be granted for days remaining in a billing cycle following cancelation. In the event that we are not able to process your subscription payment, we reserve the right to downgrade your website to free account status.

12. White Label Interface Terms. Your use of the Service shall be subject to these additional terms if you use or offer the use of our white label interface to a third party (your "Client") to build a web site (a "Client Website").

a. LetsEat.at will not be subject to any agreement that exists between you and your Client. How you do business with your Client is strictly between you and the Client, but you agree to conduct this service in conformance with these Terms and Conditions and consistent with general industry practice.

b. LetsEat.at's white label interface is in no way guaranteed to omit all references to the LetsEat.at brand name or logo. While we will do our best to remove links and references to the LetsEat.at brand and Service, we will in no way be held responsible for any failure to remove these links or references.

c. By using LetsEat.at's white label interface or by offering its usage to your Client, you accept full responsibility for each Client Website's conformance to these Terms and Conditions.

d. In the event that one of your Clients contacts LetsEat.at directly, we will ask them to contact you for support. If you do not help your Client in a timely manner, we reserve the right to support your Client directly.

13. Disclaimer of Warranties. THE WEBSITE IS PROVIDED "AS IS". LETSEAT.AT AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LETSEAT.AT NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE 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, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

WHILE LETSEAT.AT WILL MAKE REASONABLE EFFORTS TO MAINTAIN AND BACKUP THE MATERIAL HOSTED ON THE SITE, LETSEAT.AT IS UNDER NO OBLIGATION OR DUTY TO YOU TO DO SO UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR CREATING REGULAR BACK-UPS OF YOUR WEBSITE CONTENT. YOU ARE STRONGLY URGED TO BACK-UP COPIES OF ANY IMAGES, INFORMATION, OR OTHER MEDIA YOU UPLOAD ON THE SITE TO A RELIABLE OFFLINE RESOURCE.

14. Limitation of Liability. IN NO EVENT WILL LETSEAT.AT, 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 OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO LETSEAT.AT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. LETSEAT.AT 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.

15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the LetsEat.at Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification. You agree to indemnify and hold harmless LetsEat.at, 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 the Website, including but not limited to out of your violation this Agreement.

17. Miscellaneous. This Agreement constitutes the entire agreement between LetsEat.at and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LetsEat.at, or by the posting by LetsEat.at of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, 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 located in Multnomah County, Oregon. 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 Portland, Oregon, 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. 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; LetsEat.at 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 assigns.

If you have any problems related to your LetsEat.at Pro billing account please email us or leave a message with the billing department at 503-505-6850. For technical assistance with your website, please use our contact form. Technical assistance is not currently available over the phone.

For further information, please email us or contact us via regular mail:
LetsEat.at LLC
1526 NE Alberta St. #304
Portland, OR 97211