Effortless Innovations, Inc.
Terms and Conditions of Use of the Lunch & Earn Web site and Privacy Policy
By use of this web site, www.lunchandearn.com, the user agrees to the following terms and conditions of use and disclosures under the Privacy Policy.
Please read these Terms and Conditions of Use and our Privacy Policy as they contain important legal rights.
Copyright/Trademark Information:
Lunch and Earn is a trademark of Effortless Innovations, Inc. d/b/a as Lunch and Earn. This entire web site, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2006 by Effortless Innovations, Inc. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Lunch & Earn or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this web site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of services herein.
Typographical Errors:
In the event a service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Lunch and Earn shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. Lunch and Earn shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged by the restaurant for the purchase and your order is canceled, Lunch and Earn shall immediately issue a credit to your credit card account in the amount of the charge.
Warranty Limitations and Service Disclaimer:
There are no other express warranties or conditions respecting the services ordered through this web site. Lunch and Earn assumes not responsibility for the quality or timeliness of the food delivered. User understands and agrees that Lunch and Earn is merely a broker of services and that the actual purchase of services is between the food service provider and the user.
Menu Prices:
Other than typographical errors, the prices listed on this web site are provided by the restaurant and are binding on the restaurant with respect to the food and delivery service offered. The restaurant prices listed on the web site may be identical to, or different than the prices charged by the restaurant for dining in food services or for other take out and delivery services.
Limitation of Liability:
In no event shall Lunch and Earn any of its employees, agents , subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to personal injury, property damage, costs of goods purchased, loss of business or profits related to food or delivery services obtained from this site. The user understands that Lunch and Earn merely facilitates the purchase of food delivery and acts and an independent contractor in conjunction with the restaurants whose food and services are listed on the web site. Other than providing a convenient vehicle for the ordering and payment of food delivery, Lunch and Earn assumes, and the user agrees, that no promises are made by Lunch and Earn about the quality of the food or the timeliness of delivery. The user of this web site may wish to conduct and independent investigation to assure that the restaurants food and delivery conforms to the user's expectations and standards, but in any events assumes all risk of the restaurant's performance. Lunch and Earn accepts no responsibility to confirm orders or assure timely delivery. Lunch and Earn has not conducted an investigation or inspection of any of the restaurants listed on this web site and provides no guarantees or endorsements of the quality of food or delivery service. Customers should expect a confirmation call from the restaurant within a reasonable time after the order is placed.
Refund Policy:
Lunch and Earn does not collect payment for the services ordered through our web site. If you are dissatisfied with the participating restaurant's food or deliver service the user should address these concerns directly to the restaurant.
Governing Law Governing Law and Venue: This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, without regard to the choice of law provisions of that State. All legal proceedings and arbitrations arising from or related to this Agreement shall take place in Pinellas County, Florida
Arbitration of Disputes: Except as otherwise expressly provided herein, all claims, disputes and other matters in question arising out of or relating to the use of this web site shall be resolved by arbitration in Tampa, Florida, by a panel of one arbitrator. Either Party may initiate arbitration by giving the other Party written notice containing a brief description of the Dispute(s) to be arbitrated and the monetary amount involved. If the Parties are unable to agree as to the settlement of the Dispute within ten (10) days of such written notice, then, within twenty (20) days of such written notice, the complaining Party shall commence arbitration by submitting a Demand for Arbitration to the American Arbitration Association. The Parties agree that the rules of the American Arbitration Association shall govern the proceeding which shall be administered by the American Arbitration Association. Any arbitrator selected hereunder shall be a commercial person knowledgeable in the prepared food service delivery business. No person shall serve as an arbitrator who has, or has had, any expectation of acquiring any business or financial relationship with either of the Parties hereto or who has acquired from either Party or any other source detailed prior knowledge of the matter in dispute. A decision the arbitrator, when reduced to writing and signed by the arbitrator, shall be final and binding upon the Parties and judgment thereon may be entered by any court of competent jurisdiction. Any award of the arbitrator shall include an award of reasonable attorneys' fees and costs and interest for such period as shall fully compensate the Party in whose favor the award is entered for the loss of use of the funds in question. The Parties shall use their best efforts to assure that all arbitration proceedings shall be held and conducted so that the panel's award shall be rendered in writing within thirty (30) days after the arbitration has been initiated. The arbitrator is empowered to provide preliminary relief as warranted under the circumstances.
Privacy Policy Statement: By visiting the Lunch and Earn, Inc. web site you agree to accept the practices described in this Privacy Notice.
1. Non-sharing of Information: except as provided herein, Lunch and Earn will never share your email address , phone number or credit card information with any unrelated 3rd party except as necessary to fulfill transactions that you initiate. From time to time, however, Lunch and Earn may share limited information about you and your order with its restaurants to provide the services offered through this web site. We may also provide information to restaurants, affiliates and advertisers regarding the volume of sales, purchases, orders, usage of this web site, but we will never release to such persons information allowing you to be identified personally or contacted by regular mail or email. By use of this web site, you agree that we may provide you address and other personal information to the restaurant you are ordering from.
I2. Changes to this Privacy Notice, Conditions of Use and Privacy Notice:
This Privacy Notice and our Terms of Use will change over time and the use of information which we gather now is subject to these Notices and Terms as modified. Please check this page periodically as you continue to use our site to see if any changes have been made. This privacy notice was most recently changed on June 5, 2006. If you visit our Web site your visit and any dispute over privacy is subject to this Notice.
3. Children
Lunch and Earn, Inc. does not provide services to persons under the age of 18. If you are under the age of 18, you are required seek the approval of your parent or guardian to use this site.
4. Information you give us: Lunch and Earn, Inc. collects information about you when you enter on our Web site. You also provide information when you utilize the services offered on our web site. Examples of the type of information you may supply us with include your name, address, telephone number, credit card information, and e-mail addresses.
5. Email Newsletter Subscription: If you request an email newsletter subscription, we employ a double opt-in subscription program. At registration you will be given a choice to opt-in to our email program. Upon registration, you will receive a confirmation email to the email address you gave us with a link contained within it or instructions for opting-out. Each email sent to you will also have instructions or a link to allow you to opt-out of our email newsletter.
6. Independent Contractors: We may employ other companies or individuals to provide certain services to us such as analyzing customer lists and data, providing marketing assistance, or consulting services. These third parties will have access to the information needed to perform their functions but cannot use that information for any other purpose. Any 3rd parties who use our data will be fully bound by this privacy policy. In no event will the data being used by any unrelated third party include your email address.
7. Credit card companies and shippers: When you purchase services through us we may send your credit card information, name, billing address and the amount of your purchase to the restaurant you ordered from. Your name, telephone number and shipping information must be provided to the restaurant to deliver your food purchase. Your credit card information is protected by our SSL certificate and encription, however Lunch and Earn, Inc. is not responsible for your information after it reaches the restaurant. Orders are charged at the restaurant.
8. Orders: We will never share any telephone number(s), e-mail addresses, or credit card information which you have given us with any marketing partner(s) or any unrelated 3rd party.
9. Link to Third Party Site: Our Web site contains certain links to third party sites, such as participating restaurants. Lunch and Earn, Inc. is not responsible or liable for the privacy practices or content found on these sites. We suggest that you check the Privacy Notice of each site you visit.
10. SSL Data Encryption
If you are using a security-enabled browser (such as Microsoft Internet Explorer version 2.1 or greater, or Netscape Navigator version 2.0 or greater), the information you send us regarding your purchase is encrypted, making it extremely difficult to read even if it is wrongly intercepted. At Lunch and Earn, Inc., we utilize industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive information such as your name and address and other critically sensitive information like your credit card number. If you choose to enter your credit card information at our website, the information will be transmitted via secured fax to the restuarant for fullfillment and payment. Lunch and Earn, Inc. is not responsible for information received by the restaurant.
11. Law Enforcement and Protection of Users:
We will release personally identifiable information to third parties and organizations when we believe it is appropriate for us to do so to comply with the law. We will also do so to cooperate with law enforcement investigations, comply with court orders or subpoenas, and protect the legal rights of us and our users, or when we believe it is needed for fraud protection and / or credit risk reduction.
12. Aggregate information: We provide aggregate information to some of our business partners. This information does not allow them to identify you individually in any way.
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