Terms of Use for AndrewEats.com
Andrew Eats! and AndrewEats.com Web SiteService Terms and Conditions Agreement
The information provided by AndrewEats.com on this site or by any links to this site is for educational and entertainment purposes only.
While AndrewEats.com frequently updates its contents, some information may be out of date, and/or contain inaccuracies or typographical errors.
Please review these Terms of Use before using this Web site and from time to time since the Terms of Use may be updated or changed periodically.
1. Agreement. AndrewEats.com is an Internet-based on-line information and communication service. It is sometimes referred to in this Agreement as the Service. You agree to be bound by the terms and conditions of this Agreement, Andrew Eats may modify this Agreement at any time, and such modification shall be effective 30 days after either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of AndrewEats.com after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.
2. License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder. You may contact us at: 1818 W. 17th Place, Yuma, AZ 85364
3. Usage Rules. As a condition of your use of this Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this Service at our sole discretion. You are responsible for material that you send to any "discussion" group available through the Service. The communities and newsgroup discussions on this Service are not guaranteed to be monitored for unacceptable use, nor will any statements made in the communities and newsgroup discussions be authenticated or endorsed by us. In order to maintain an informative and valuable service for you, but one which seeks to avoid the harm that can result from disseminating statements that are false, malicious, violative of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
a. You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account for any purpose.
b. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
c. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
d. You may not interfere with other users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in a communities or newsgroup discussion.
e. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
f. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
g. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose and you must adhere to any applicable policies.
4. Review of Postings & Uploads. AndrewEats.com does not and cannot review all communications and materials posted or uploaded to AndrewEats.com and it is not responsible for the content of these communications and materials. However, AndrewEats.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to AndrewEats.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
5. Links. AndrewEats.com may contain links to or advertisements for web sites operated by other parties. The links or advertisements are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to or advertisements for such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Andrew Eats! and/or AndrewEats.com does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
6. Warranty Disclaimer. The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for any treatment plan, product, or course of action. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. Any information or advice received via this Service should not be relied upon for medical or health decisions and you should consult with an appropriate professional for specific advice tailored to your situation. This Service is not a physician or other health provider referral service. This Service does not endorse, and disclaims all responsibility for, the professional qualifications and licensing of, and services provided by any physician or other health provider, including, but not limited to, physicians or other health providers referred to you through services linked to this service. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND/OR OTHER INFORMATION PROVIDED THROUGH THIS SERVICE. We and our suppliers make no representations or endorsement about the suitability same. We and our suppliers do not guarantee the timeliness, validity, completeness or accuracy of information made available to you for any particular purpose. We and our suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the products, services and information contained on or made available through this Service, including but not limited to the availability of this Service, lack of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the service. Although our suppliers or we may update the content on this Service from time to time, please note that medical information changes rapidly. Therefore, some of the information may be out of date and/or may contain inaccuracies or typographical errors.
7. Indemnification. You agree to indemnify, defend and hold harmless AndrewEats.com, its members, officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity this Site (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing AndrewEats.com using this Site.
8. Waiver, Release and Limitation of Liability. You agree that neither AndrewEats.com, nor its members, officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of AndrewEats.com. You hereby release and forever waive any and all claims you may have against AndrewEats.com, its members, officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of AndrewEats.com, its members officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of AndrewEats.com.
Notwithstanding the foregoing paragraph, the total liability of Andrew Eats! its members, officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall AndrewEats.com, its members, officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of AndrewEats.com are hereby excluded even if AndrewEats.com, its members, officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages.
Neither AndrewEats.com, nor any of its affiliates, directors, members, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AndrewEats.com or of any vendor providing software or services support.
9. Third Party Rights. The provisions of paragraphs 8 (Indemnification) and 9 (Waiver, Release and Limitation of Liability) are for the benefit of AndrewEats.com and its members, officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use AndrewEats.com in accordance with this Agreement. You agree to be financially responsible for your use of AndrewEats.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between Andrew Eats! LLC and/or AndrewEats.com and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Yuma County, Arizona, United States. Any cause of action or claim you may have with respect to Andrew Eats! LLC and/or AndrewEats.com must be commenced within one (1) year after the claim or cause of action arises. Andrew Eats! LLC and AndrewEats.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Andrew Eats! and AndrewEats.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
12. Notice. Andrew Eats! LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on AndrewEats.com, or by written communication delivered by first class U. S. mail to your address on record in AndrewEats.com account information, if any. You may give notice to AndrewEats.com at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Andrew Eats
181 W. 17th Place
Yuma, AZ 85364
13. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.