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Updated date: December 22, 2014

Introduction

Welcome to the foodtrucksonline.menu website (“Site”).  The Site is owned and operated by BBoulder Investments, LLC (“Owner”) which requests that you carefully read the Terms of Use and Privacy Policy before using the Site.  By accessing the Site, you expressly agree to these Terms of Use (“Agreement”) without limitation or qualification.  If you do not accept the terms of this Agreement, then please do not use or access the Site.  The Owner reserves the right to change this Agreement and the Privacy Policy at any time in its sole discretion.  As a result, we encourage you to review this Agreement and the Privacy Policy from time to time for any changes.  Your continued use or access of the Site shall constitute your agreement to the terms of this Agreement in effect at that time. 

Contents of Site

Information on this Site may contain technical inaccuracies or typographical errors.  Owner reserves the right to change or update the information on the Site at any time without notice.

Ownership of Site and Copyrights

Much of the content and materials on the Site are copyrighted and are owned, licensed, or used by permission either by the site Owner, by Site advertisers or by other parties posting to the site. You may view the materials from the Site only for your own personal, noncommercial use in connection with your use of the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content and software on this Site is strictly prohibited.  This Agreement does not confer any license or right under any copyright of the Owner or any third party.  Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of the Owner or any third party

Trademarks

The Owner’s logo is a trademark of the Owner, and may not be used in connection with any product or service that is not the Owner’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owner.  In addition, other logos on the Site may be proprietary trademarks or service marks of Owner’s business partners or trade organizations.  You may not use such logos without the written permission of such owners.  This Agreement does not confer any license or right under any trademark of the Owner or any third party. 

External Websites

The Site may contain links to other websites that the Owner or Site advertisers feel may be of interest to you.  These links are provided to you only as a convenience and do not imply any endorsement by the Owner of that or those particular site(s) or the owner/operators of such site(s).  The Owner does not have control over, and is in no manner responsible for, the availability and content of other websites.  You may not establish a link to the Site without the Owner’s prior written consent.  You may not frame or incorporate the Site or any content of the Site in another website without the Owner’s prior written consent. 

Third Party Information

The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to descriptions, photographs, prices, promotions, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of the Owner. The Owner makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

Advertisers

The Site may contain advertisements. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. The Owner shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site. Further, Owner shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Owner that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. 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.

Disclaimer

OWNER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE.  ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  OWNER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR TO ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR WITH CONNECTION TO THIS SITE.  YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  IN NO EVENT SHALL EITHER OWNER OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Jurisdiction and Choice of Law

This Agreement and all claims or issues regarding the Site, shall be governed according to the laws of the United States and the State of North Carolina.  Any legal action concerning this Agreement or the Site must be brought within one (1) year after the claim or cause of action arises.  You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Wake County, North Carolina and all disputes (i) arising out of, relating to, or concerning this Site and/or this Agreement, (ii) in which this Site and/or this Agreement is an issue or a material fact, or (iii) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. 

Severability

If any provision of this Agreement is found invalid or unenforceable under applicable laws, the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely captures the intent of the original provision, and the remaining provisions of this Agreement will remain in full force and effect. 

Integration 

This Agreement constitutes the entire agreement between you and Owner with respect to this Site.  This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Owner with respect to this Site.  No modification of this Agreement shall be effective unless it is authored by Owner or unless it is signed by an executive officer of Owner.

General

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph, the Jurisdiction and Choice of Law and the Disclaimer sections set forth above.  Owner has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction.  Use of this Site is not authorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.  You are responsible for compliance with all applicable laws.  Any use in contravention of this provision or any provision of this Agreement is at your own risk.  A printed version of this Agreement and/or of any notice given by Owner in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Owner in printed form.  

PROMOTION AND INCENTIVE PROGRAMS

TERMS AND CONDITIONS


The following Terms and Conditions apply to all promotions, rebates, discounts, coupons, or special pricing offers through OONU.menu (the Website) for goods and services provided by restaurants or merchants listed on the Website (Participating Merchants). Such offers shall be referred to as the “Program” or “Programs.”

You are under no obligation to participate in any Program offered through the Website. Any use of Program coupons or participation in such rebate, discount or incentive offers shall constitute your acknowledgement and acceptance you have read, understood, and agreed with the following Terms and Conditions, and consent to be bound by them, including any future amendments or updates.

  • OONU is not responsible for the products or services offered by Participating Merchants.
  • Participation in the Program is limited to individuals who are U.S. residents and 18 years of age or older.
  • OONU makes no guarantees that Program incentives will be applied by Participating Merchants.
  • OONU is not responsible for the redemption of any Program incentives, and it is your responsibility to make sure that such incentive is present in the checkout process of any Participating Merchant.
  • All Program offers are void where prohibited by law.
  • You must pay any applicable sales tax related to your use of the Program.
  • All Program offers are subject to change without notice.
  • If you have a dispute with a Participating Merchant relating to the Program or the Website, you agree to notify OONU within 30 calendar days of the occurrence giving rise to such dispute.
  • Participation in the Program is personal to you. Coupons, rebates, credits or other Program incentives may not be assigned or transferred to any third party and shall be invalidated upon transfer.
  • Additional Program terms and conditions may be indicated on coupons or promotional materials and shall have the same force and effect as if included herein. In the event of a conflict between such terms and those herein, these Terms and Conditions shall prevail.
  • You authorize OONU to disclose to third parties information you have provided, or information obtained about you (i) to agents of OONU or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or application of your Program incentives. You authorize OONU to receive any account information from any Participating Merchant including, but not limited to information regarding the products ordered, the order number, the time and date the purchase occurred, the email address entered for the purchase. You authorize any Participating Merchant to disclose any such information to OONU.
  • OONU reserves the right to terminate any Program incentive at any time with or without notice, and/or to modify these Terms and Conditions with or without notice. Upon any modification to the Program we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Program after such modification shall be deemed your acceptance of any such modification. It is your responsibility to check the Website regularly for any such modification. If you do not agree to any such modification you must immediately cease participation in the Program.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

THE PROGRAM IS BEING PROVIDED 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OONU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU AGREE THAT OONU WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST OONU AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.

OONU DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE PROGRAM INCENTIVES BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.

IN NO EVENT SHALL OONU BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD OONU, ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, DUE TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM AND/OR THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.

DISPUTE RESOLUTION

You agree to submit all questions or disputes regarding the Program in writing within 30 days of the qualifying transaction, or incident giving rise to such dispute to OONU for review so that OONU may evaluate options to address or resolve such issue or dispute. You agree to waive any claim and release OONU from liability for any such dispute not submitted in accordance with this paragraph.

MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to conflicts of law rules. If any provision of these terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Any failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Nothing in these Terms and Conditions shall be construed as creating or constituting a partnership, joint venture or agency relationship between OONU and the Participating Merchants or between you and OONU. These Terms and Conditions constitute the entire agreement between you and OONU regarding the Program.

PROMOTION AND INCENTIVE PROGRAMS

TERMS AND CONDITIONS


The following Terms and Conditions apply to all promotions, rebates, discounts, coupons, or special pricing offers through foodtrucksonline.menu (the Website) for goods and services provided by restaurants or merchants listed on the Website (Participating Merchants). Such offers shall be referred to as the “Program” or “Programs.”

You are under no obligation to participate in any Program offered through the Website. Any use of Program coupons or participation in such rebate, discount or incentive offers shall constitute your acknowledgement and acceptance you have read, understood, and agreed with the following Terms and Conditions, and consent to be bound by them, including any future amendments or updates.

  • OOnu® Food Trucks is not responsible for the products or services offered by Participating Merchants.
  • Participation in the Program is limited to individuals who are U.S. residents and 18 years of age or older.
  • OOnu® Food Trucks makes no guarantees that Program incentives will be applied by Participating Merchants.
  • OOnu® Food Trucks is not responsible for the redemption of any Program incentives, and it is your responsibility to make sure that such incentive is present in the checkout process of any Participating Merchant.
  • All Program offers are void where prohibited by law.
  • You must pay any applicable sales tax related to your use of the Program.
  • All Program offers are subject to change without notice.
  • If you have a dispute with a Participating Merchant relating to the Program or the Website, you agree to notify OOnu® Food Trucks within 30 calendar days of the occurrence giving rise to such dispute.
  • Participation in the Program is personal to you. Coupons, rebates, credits or other Program incentives may not be assigned or transferred to any third party and shall be invalidated upon transfer.
  • Additional Program terms and conditions may be indicated on coupons or promotional materials and shall have the same force and effect as if included herein. In the event of a conflict between such terms and those herein, these Terms and Conditions shall prevail.
  • You authorize OOnu® Food Trucks to disclose to third parties information you have provided, or information obtained about you (i) to agents of OOnu® Food Trucks or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or application of your Program incentives. You authorize OOnu® Food Trucks to receive any account information from any Participating Merchant including, but not limited to information regarding the products ordered, the order number, the time and date the purchase occurred, the email address entered for the purchase. You authorize any Participating Merchant to disclose any such information to OOnu® Food Trucks.
  • OOnu® Food Trucks reserves the right to terminate any Program incentive at any time with or without notice, and/or to modify these Terms and Conditions with or without notice. Upon any modification to the Program we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Program after such modification shall be deemed your acceptance of any such modification. It is your responsibility to check the Website regularly for any such modification. If you do not agree to any such modification you must immediately cease participation in the Program.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

THE PROGRAM IS BEING PROVIDED 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OOnu® Food Trucks DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU AGREE THAT OOnu® Food Trucks WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST OOnu® Food Trucks AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.

OOnu® Food Trucks DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE PROGRAM INCENTIVES BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.

IN NO EVENT SHALL OOnu® Food Trucks BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD OOnu® Food Trucks, ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, DUE TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM AND/OR THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.

DISPUTE RESOLUTION

You agree to submit all questions or disputes regarding the Program in writing within 30 days of the qualifying transaction, or incident giving rise to such dispute to OOnu® Food Trucks for review so that OOnu® Food Trucks may evaluate options to address or resolve such issue or dispute. You agree to waive any claim and release OOnu® Food Trucks from liability for any such dispute not submitted in accordance with this paragraph.

MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to conflicts of law rules. If any provision of these terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Any failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Nothing in these Terms and Conditions shall be construed as creating or constituting a partnership, joint venture or agency relationship between OOnu® Food Trucks and the Participating Merchants or between you and OOnu® Food Trucks. These Terms and Conditions constitute the entire agreement between you and OOnu® Food Trucks regarding the Program.

Please review this Privacy Policy, (“Policy”) carefully as it explains our information gathering practices and the choices you can make about the way your information is collected and used through foodtrucksonline.menu ’s website, applications, services, and products.

For purposes of this Policy, the “Company,” “we,” or “us” shall refer to BBoulder Investments, LLC d/b/a OOnu® Food Trucks and/or sandbox.foodtrucksonline.menu Our website, www.sandbox.foodtrucksonline.menu shall be referred to as the “Site,” and the Company’s software applications including that known as OOnu® Food Trucks, shall be referred to as the “Software.”

 

The Company may amend this Policy, from time to time, by updating this posting on our website so visit this page periodically to review the Policy. If you do not agree with this Policy, you should not use the Company’s Software, products, or services. USE OF THE COMPANY’S SOFTWARE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THIS PRIVACY POLICY. Capitalized terms used and not otherwise defined in this Policy shall have the meanings set forth in the Company’s Software License Agreement (the "Agreement").

 

Information collection and use

If you wish to download our software and/or use our on-line services, we will collect the following types of information from you:

Technical information – the browser type and operating system on your computer.

Besides the information in the Agreement, we may ask from time to time that you furnish “Personal Information”, which is information that can be associated with a specific person and can identify that specific person, and other information, including but not limited to:

  1. general information (e.g. age, sex, country of residence);
  2. information about your usage of and interaction with our software or any other platform which we may provide you with, including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our websites;
  3. products or services ordered and delivered;
  4. location of web connected devices.

By way of illustration only, “Personal Information” shall include among others:

  1. identification data (e.g. name, address, telephone number, mobile number, email address);
  2. electronic identification data (e.g. IP addresses, cookies);
  3. banking and payment information (credit card information, account number);

In addition, we may also collect a username and password used to ensure that, other than the Company and the Company’s authorized vendors and service providers, only you have access to any of the Personal Information you have provided and to your user account. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful whenever disclosing information on line, particularly information or material that contains any Personal Information.

Information collected through our software may be stored and processed in any country in which the Company or its service providers host their server farms or conduct their business. You therefore understand and consent that your information may be transferred outside of the country in which you reside.

Based on a consumer profile created through data collected, we will send customized notifications to you through the Software, which, when downloaded, will be enabled to receive such notifications.

 

Protection of Personal Information

We take precautions to protect any Personal Information you submit to us. The Company's user accounts are secured by user-created passwords. Since a user account may contain Personal Information (e.g., an e-mail address that contains a person’s real name), the Company takes precautions to insure that user account information is kept private. The Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. Please transmit no private or confidential information to the Company by email or through the Site. The Company cannot guarantee the security of any information transmitted over the internet. Regardless of the precautions taken by you or by the Company, “perfect security” does not exist on the internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

 

Use of Personal Information and disclosure

We may from time to time disclose Personal Information to third parties without your prior consent in the following circumstances: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by the Company, whether or not a response is required by applicable law; or (2) to enforce the Agreement or otherwise to protect the Company’s rights in the Software or the rights of the Company’s customers to enjoy the benefits of the Software and services we provide. We furnish no Personal Information with respect to individuals to any third parties for marketing; however, we reserve the right to share such information in the aggregate and not on a personal basis. We reserve the right to transfer Personal Information to a successor in interest that acquires rights to that information because of the sale of the Company or any of its assets, business or shares.

Please review this Privacy Policy, (“Policy”) carefully as it explains our information gathering practices and the choices you can make about the way your information is collected and used through foodtrucksonline.menu website, applications, services, and products.

For purposes of this Policy, the “Company,” “we,” or “us” shall refer to BBoulder Investments, LLC d/b/a OOnu® Food Trucks and/or sandbox.foodtrucksonline.menu. Our website, www.sandbox.foodtrucksonline.menu shall be referred to as the “Site,” and the Company’s software applications including that known as OOnu® Food Trucks, shall be referred to as the “Software.”

 

The Company may amend this Policy, from time to time, by updating this posting on our website so visit this page periodically to review the Policy. If you do not agree with this Policy, you should not use the Company’s Software, products, or services. USE OF THE COMPANY’S SOFTWARE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THIS PRIVACY POLICY. Capitalized terms used and not otherwise defined in this Policy shall have the meanings set forth in the Company’s Software License Agreement (the "Agreement").

 

Information collection and use

If you wish to download our software and/or use our on-line services, we will collect the following types of information from you:

Technical information – the browser type and operating system on your computer.

Besides the information in the Agreement, we may ask from time to time that you furnish “Personal Information”, which is information that can be associated with a specific person and can identify that specific person, and other information, including but not limited to:

  1. general information (e.g. age, sex, country of residence);
  2. information about your usage of and interaction with our software or any other platform which we may provide you with, including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our websites;
  3. products or services ordered and delivered;
  4. location of web connected devices.

By way of illustration only, “Personal Information” shall include among others:

  1. identification data (e.g. name, address, telephone number, mobile number, email address);
  2. electronic identification data (e.g. IP addresses, cookies);
  3. banking and payment information (credit card information, account number);

In addition, we may also collect a username and password used to ensure that, other than the Company and the Company’s authorized vendors and service providers, only you have access to any of the Personal Information you have provided and to your user account. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful whenever disclosing information on line, particularly information or material that contains any Personal Information.

Information collected through our software may be stored and processed in any country in which the Company or its service providers host their server farms or conduct their business. You therefore understand and consent that your information may be transferred outside of the country in which you reside.

Based on a consumer profile created through data collected, we will send customized notifications to you through the Software, which, when downloaded, will be enabled to receive such notifications.

 

Protection of Personal Information

We take precautions to protect any Personal Information you submit to us. The Company's user accounts are secured by user-created passwords. Since a user account may contain Personal Information (e.g., an e-mail address that contains a person’s real name), the Company takes precautions to insure that user account information is kept private. The Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. Please transmit no private or confidential information to the Company by email or through the Site. The Company cannot guarantee the security of any information transmitted over the internet. Regardless of the precautions taken by you or by the Company, “perfect security” does not exist on the internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

 

Use of Personal Information and disclosure

We may from time to time disclose Personal Information to third parties without your prior consent in the following circumstances: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by the Company, whether or not a response is required by applicable law; or (2) to enforce the Agreement or otherwise to protect the Company’s rights in the Software or the rights of the Company’s customers to enjoy the benefits of the Software and services we provide. We furnish no Personal Information with respect to individuals to any third parties for marketing; however, we reserve the right to share such information in the aggregate and not on a personal basis. We reserve the right to transfer Personal Information to a successor in interest that acquires rights to that information because of the sale of the Company or any of its assets, business or shares.

IMPORTANT-READ CAREFULLY: This is a Software License Agreement between you (either an individual or a single entity) and BBoulder Investments, LLC d/b/a OOnu® Food Trucks and/or foodtrucksonline.menu (“Licensor"). Please read this Agreement carefully before installing or using the OOnu application program. By installing or using the application program, any associated software, services, media, printed material, electronic documentation and related methods and techniques (the “Product”), you are accepting the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you should not install the application and you may not access or otherwise use the Product. By installing the Product and your continued use of the Product indicates your acknowledgement that you have read, understand and accept these terms and conditions. This Agreement represents the entire agreement concerning the Product between you and Licensor, and it supersedes any prior proposal, representation or understanding between the parties. By accepting the terms of this Agreement you hereby acknowledge and agree to the terms of the Licensor’s privacy policy available at www. foodtrucksonline.menu (the “Privacy Policy”) which Privacy Policy is incorporated herein by reference. If you are not the end user and are installing this software on any device on behalf of an end user, you warrant and represent that you are authorized to act on behalf of the end user and to accept and bind the end user to the terms of this Agreement.

The Product is protected by applicable laws, including copyright laws and international copyright treaties, and other intellectual property laws and treaties. The Product being distributed is free, but it is licensed.

  • Limited Nonexclusive License. Licensor grants to you, and you accept, a nonexclusive, nontransferable license to use the Product.
  • License Restrictions. You agree that you will not (a) reverse engineer, disassemble or decompile the Product except and only if such activity is expressly permitted by applicable law notwithstanding this limitation; (b) assign, sublicense, transfer, give, disclose, pledge, lease, rent or share any portion of the Product or your rights under this Agreement; (c) modify or prepare derivative works of the Product; or (d) use the Product in a competing business.
  • Licensor’s Rights. You acknowledge and agree the Product is proprietary to Licensor and protected under United States laws and international treaty. You further acknowledge and agree that all right, title and interest in the Product, including all associated intellectual property rights in the Product, are and shall remain with Licensor. This Agreement does not convey to you an interest in or to the Product, but only a limited right to use, revocable under this Agreement.
  • Your Warranty and Indemnification. You represent and warrant to Licensor that your use of the Product will comply with this License Agreement and all applicable law, rules, and regulations. You agree to indemnify and hold harmless Licensor and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”) from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate fully in the defense of any claim. Licensor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall settle no matter without the written consent of Licensor.
  • Term. This Agreement is effective when you install or otherwise use the Product, whichever is earlier. You or Licensor may terminate this Agreement by providing the other party written notice. Upon such termination, you agree to return to Licensor the Product and all copies and portions thereof.
  • Licensor Disclaimer of Warranty. THE PRODUCT (INCLUDING ALL SERVICES, DATABASES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ORIGINALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SERVICES OR FUNCTIONS CONTAINED IN THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED OR THAT THE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS.
  • Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS OF ANY KIND WHATSOEVER, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Product may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to descriptions, photographs, promotions, services, offers, prices or other information made available by third parties are those of the respective third party and not of the Licensor. The Licensor makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
  • Updates. Licensor may from time to time revise or update the Product with or without any notice to you, including without limitation, updating, changing, redesigning and/or replacing the user interface and/or the user experience. Such revisions and updates will be supplied according to the Licensor's then prevailing policies, which may change from time to time at the sole discretion of the Licensor and may be performed by being automatically downloaded and installed on your computer and/or device. You acknowledge and agree that the Licensor and its affiliates may automatically download and install such revisions and updates on your computer/and or device without providing notification.
  • Miscellaneous. This Agreement shall be construed and governed in accordance with the laws of the State of North Carolina without reference to its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. The Licensor reserves the right to modify the terms of this Agreement at any time and from time to time by providing such revised terms to you or by publishing the revised terms on the Licensor’s Website. The terms of any such revised Agreement shall become effective within seven (7) days of such publishing or provision to you, unless you sooner expressly accept such revised Agreement by clicking on the accept button. The express acceptance by you, or your continued use of the Product after expiration of the seven (7) days’ notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of the Agreement at the Licensor’s Website. The failure of either party to enforce any rights granted hereunder or to take action against the other party if any breach occurs shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.