Terms and Conditions

Agreement between User and Virtual Restaurant Consulting LLC

This website together with associated pages, sub-domains and mobile applications (collectively the "Site") is comprised of various web pages operated by Virtual Restaurant Consulting LLC ("VRC"). The Site offers searchable listings of restaurants and other information. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

By accessing or using the Site, you are agreeing to these Terms, which form a legally binding contract with Virtual Restaurant Consulting LLC, a California LLC.

 

Privacy

Your use of the Site subject to VRC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. A link to this is provided on the Site.

 

Your Account

If you subscribe to any product or program you are responsible the for maintaining the confidentiality of your account, and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that VRC is not responsible for third-party access to your account that results from theft or misappropriation of your account. VRC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Electronic Communications

Visiting the Site or sending emails to VRC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

VRC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

 

Listing And Advertising On The Site

You may list on the Site at no cost subject to these terms and conditions. VRC in its sole discretion, without explanation, reserves the right to refuse any listings or advertising and/or to edit any listings to comply with our terms. In the event VRC refuses a paid listing or advertisement all paid funds for that listing or advertisement will be returned. In the event VRC edits a paid listing or advertisement and you do not agree to the edits, you may request a refund of any amounts paid for that listing or advertisement. In the event VRC edits a free listing and you do not agree to the edits you may request the removal of your listing. No compensation will be due in this event. In all cases, any compensation will be limited to the refund of any paid listing or advertising fees for the listing in dispute.

 

Paid Listing And Paid Advertising ("Subscriptions")

Should you choose a paid listing plan or paid advertising plan you agree to the following subscription polices.

Automatic renewal of subscriptions - Your subscription will continue indefinitely until cancelled by you or by VRC. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Therefore, if you pay for a subscription and do not cancel your subscription, as set forth in this agreement within the period allowed prior to the end of the expiration term, your subscription will be automatically renewed at the end of each subscription term for a new term of the same duration and same price, plus any applicable taxes, as the subscription term originally selected by you (for example, unless you cancel, a one month subscription will automatically renew on a monthly basis). Unless we notify you at least 14 days prior to the expiration of any subscription term that the subscription price will change, you acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each renewal. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your debit or credit card, or other selected payment method, based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates, if any, change, or if you are notified of an increase in the applicable subscription fees. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE AND ACCEPT THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC SUBSCRIPTION RENEWALS.

If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in to the relevant page of the Site and cancel or otherwise notify us by email. Please also read the paragraph “Term and Cancellation” which follows.

Term and Cancellation - This Agreement will remain in full force and effect while you subscribe to the Site. You may change or cancel your subscription at any time, for any reason. VRC requires a reasonable amount of time to process cancellation requests. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment.

Billing and Payment - VRC may bill you for your subscription through a third-party payment processor. You agree to pay all charges at the prices you agreed to, for any use of the Accelerator and you authorize VRC and its agents to charge your chosen payment provider ("Payment Method"). You agree to make payments using that selected Payment Method. VRC may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, VRC may in its discretion terminate your account immediately. If VRC successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

By subscribing, you agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments You agree to promptly notify VRC and/or its third-party payment processor if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method.

 

LISTINGS AND REVIEWS (“CONTENT”)

Responsibility for Your Content. You alone are responsible for the Content, that you post, upload, publish, link to, transmit, record, display or otherwise make available and you assume all risks associated with the Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of your Content as described herein.

You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

Our Right to Use Your Content. We may use your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against VRC and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.

Ownership. As between you and VRC, you own your Content. We own the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Site Content are retained by us.

Advertising. VRC and its licensees may publicly display advertisements, paid content, and other information nearby or in association with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other. User Content (including any that may have been created by users employed or contracted by VRC) does not necessarily reflect the opinion of VRC. Except as required by law, we have no obligation to retain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our content guidelines.

Prohibited Content - You understand and agree that VRC may, but is not obligated to, monitor or review any Content posted on the Site. VRC may delete any Content, in whole or in part, that in the sole judgment of VRC violates this Agreement or may harm the reputation of the Site or VRC. The following is a partial list of the kind of Content that is prohibited on the Site. You may not post, upload, display or otherwise make available Content that:

VRC reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Site and terminating or suspending the subscription or access of such violators.

Your use of the Site, including all Content, must comply with all applicable laws and regulations. You agree that VRC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of VRC or any other person.

 

Links To Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of VRC and VRC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VRC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VRC of the site or any association with its operators.

VRC MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THAT OFFER GOODS OR SERVICES THROUGH THE SITE. ACCORDINGLY, VRC ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that VRC may share such information and data with any third party with whom VRC has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

 

No Unlawful or Prohibted Use - Intellectual Property

You are granted a non-exclusive. non transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to VRC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, including but not limited to, text, graphics, logos, videos, images, sound files, as well as the compilation thereof, and any software used on the Site, is the property of VRC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. VRC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of VRC and the copyright owner.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VRC or our licensors except as expressly authorized by the License Agreement.

 

International Users

The Service is controlled, operated and administered by VRC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the VRC Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless VRC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. VRC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VRC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and VRC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRTUAL RESTAURANT CONSULTING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT VRC MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. VRC MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SITE. ACCORDINGLY, VRC ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

VIRTUAL RESTAURANT CONSULTING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRTUAL RESTAURANT CONSULTING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUAL RESTAURANT CONSULTING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIRTUAL RESTAURANT CONSULTING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

VRC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. VRC reserves the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability. You agree that VRC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. To protect the integrity of the Site, VRC reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

 

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and VRC as a result of this agreement or use of the Site. VRC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VRC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VRC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VRC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VRC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

VRC reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. VRC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

VRC welcomes your questions or comments regarding the Terms: [email protected]

 

Updated March 6, 2020