FoodTrekker™

TERMS AND CONDITIONS

We have created terms and conditions that are applicable to all FoodTrekker Members, messages or Members otherwise participating on FoodTrekker.com. FoodTrekker does not endorse any information or messages posted to the FoodTrekker website.

GOVERNING TERMS

The following terms and conditions (the “Terms”) TrekkerWorx Inc d/b/a FoodTrekker “ and the FoodTrekker website “FoodTrekker”, located at www.FoodTrekker.com, and any associated content, including e-mail (the “Site“ or the “FoodTrekker Site”). Please read these Terms carefully before using or proceeding to access the Site. You must read and agree to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use the Site. Your access to and use of the Site are governed by the following Terms and Conditions. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use. You acknowledge that unauthorized use of the Site may violate copyright, trademark, privacy, publicity, and communication laws. As used here, “you“ or “User“ means an FoodTrekker Member who is deemed to have read, understood, and agreed to the Terms and “we”, “i”, us, “our“ or “FoodTrekker“ means TrekkerWorx Inc d/b/a FoodTrekker.

DESCRIPTION OF SITE

FoodTrekker is the insider’s guide to the world’s best food and drink experiences. The site was created to connect culinary enthusiasts and culinary travelers with businesses providing food and drink experience products and services.

USE OF THE SITE

Your access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations. The trademarks, logos, and service marks (”Marks”) displayed on the Site are the property of FoodTrekker and other parties. Users are prohibited from using any Marks forany purpose, including, but not limited to, use as metatags on other pages or sites on the internet without the written permission of FoodTrekker or such third party which may own the Marks. All information and content including any software programs available on or through the Site (”Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes. You agree that your participation in the Site is voluntary, personal, and non-transferable. FoodTrekker may, in its sole discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms and Conditions.

SUBMISSION OF CONTENT

Photographs, videos, articles, reviews and other content, “Content”, will be posted subject to the approval of FoodTrekker. The Content can only depict the individual registered under the profile and account for which the Content was submitted. Content cannot contain or depict a public figure, unless such public figure is the account holder. You can only submit Content that depicts an identifiable person(s) if you have received prior written permission from that person(s) granting you the right to submit the content for posting, publication, and use in The FoodTrekker. By submitting content you represent and warrant that you have received written permission from all persons that have any rights to such content and agree to indemnify FoodTrekker for any claims arising out of said use. Content may not contain any depiction of any trademarks, trade names, third-party copyrighted material, or any material owned by any third party.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

We may change the Terms and Conditions of the Site from time to time by updating this posting. When terms and conditions are changed, you will be required to accept the new terms and conditions when you log in to the website. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and any Term modifications, and (2) your agreement to abide and be bound by the Terms as modified.

MODIFICATIONS TO SITE

We reserve the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should we exercise this right to modify or discontinue the Site.

USER CONTENT/ASSIGNMENT

You irrevocably assign to FoodTrekker all rights in any content, ideas, or expressions of ideas that you provide to the Site. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you upload, store, publish, or otherwise submit to FoodTrekker through this Site will become and remain the exclusive property of FoodTrekker, including any future rights associated with such submissions even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights to such submissions, and you acknowledge FoodTrekker and/or its agencies’ unrestricted right to use them (or materials or ideas similar to them) in any medium,now and in the future, without notice, compensation, or other obligation to you or any other person. It also means that with the exception of your personally identifiable information, FoodTrekker and/or its agencies have no obligation to keep your submissions confidential. You will not be entitled to any remuneration for any use of your content by us or our agencies or affiliates. You further release, and waive all claims against, FoodTrekker and/or its agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of Hong Kong.

CODE OF CONDUCT

The Site makes use of the internet to send and receive certain messages; therefore, your conduct is subject to internet regulations, policies, and procedures. You agree to abide by the following rules of conduct:

• You must be 18 years of age or older to participate in the Site.
• Only those who have registered may contribute to the Site or receive any offers available on the Site.
• You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of, or otherwise transmit Site or e-mail message content in any form, except that Users may use a “Tell a Friendî or similar features to e-mail a friend about the Site.
• You agree not to use the Site to solicit or advertise any commercial product or activity.
• URLs and hyperlinked text are prohibited in member profiles.
• You agree not to use behavior that does not support a safe and comfortable environment for all Users, including, but not limited to, posting or transmitting any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), [racially or ethnically objectionable,] religious or political, or any materials that encourage inappropriate or unlawful conduct.
• You agree not to upload, store, process, post, transmit, distribute, or otherwise publish through the Site any materials which:
• Restrict or inhibit any other User from using the Site or contain a virus or other harmful component.
• You must be 18 years of age or older to participate in the Site.
• Violate or infringe any rights of third parties (including, but limited to, copyright, trademark, rights of privacy or publicity, such as defamation, or any other proprietary right).
• Violate these Terms or are not otherwise appropriate or pertinent to the purpose of the Site.
• Impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the Site.
• You agree not to use any trademarks, trade names, logos, or other identifying marks (”Marks”) of FoodTrekker, its agencies, or any third party for any purpose including, without limitation, use as metatags on the Site or on other pages or sites on the Internet without the written permission of FoodTrekker, and, if applicable, the third party that owns the Marks.
• You agree not use the Site for any unlawful purpose or activity including, without limitation:
• Chain letters, junk mail, spamming, or similar activities.
• “Spoofing“ (using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating FoodTrekker, another User, or the Site Moderator).
• Using or possessing programs to “crack“ passwords or other internet security tools.
• Attempting to circumvent established internet security measures.
• Posting or transmitting any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law or regulation.
• You agree not to interfere with another User’s use and enjoyment of the Site.
• You agree not to post, transmit or otherwise provide any photos, hyperlinks, or other materials on the Site that do not comply with these Terms.

In internet spaces like this Site, where interaction occurs, it is recommended that you do not give out your personal information or use it for your screen name to minimize any potential risk for exploitation.Violations You are solely responsible for the content of your transmissions through the Site. Should your conduct fail to conform with these Terms, we reserve the right to remove or edit any material that does not (in our sole judgment) comply with these Terms, revoke posting privileges, and/or ban you from accessing the Site at our sole discretion. Our decisions are considered final. If you see a post that violates these Terms in some way, please report it using the “Report“ tool.Although FoodTrekker and/or their agencies may monitor postings and transmissions to the Site, it is not obligated to do so and will not be liable for any content on the Site. Neither FoodTrekker nor their agencies endorse any information posted on the Site.

PARTNER OFFERS

Business partners may provide you with offers, including, but not limited to, discount coupons for dining at a restaurant or free items at the business (”Offer”). Offers may only be redeemed through the merchant making the Offer or as otherwise instructed in the Offer. You must be a FoodTrekker Member and registered on the Site to qualify for such Offers. Additional restrictions may apply. See each Offer for additional terms and conditions.

HYPERLINKING

The site may provide a link to other web sites by allowing you to leave the site to access third-party material or by bringing the third-party material into the site via “inverse“ hyperlinks and framing technology (a “linked site”). FoodTrekker have no discretion to alter, update, or control the content on a linked site. The fact that FoodTrekker have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using or retrieving any information found on the Internet, and FoodTrekker urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. FOODTREKKER DOES NOT PERMIT USERS TO ADD HYPERTEXT LINKS TO THE SITE.

NO WARRANTIES

All content, products, and third-party services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is“ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. FTP and FoodTrekker do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the site, (b) any content provided on the site and any linked sites, or (c) the capabilities or reliability of any product or service obtained from the site or a linked site. Other than as required under applicable consumer protection law, under no circumstance will FTP or FoodTrekker or their agencies be liable for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from the site or a linked site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the site or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

REFUNDS & CANCELLATIONS

Monthly plan: FoodTrekker offers convenient month-to-month, pay-as-you-go plans. We’re sorry but refunds are not provided. You are billed every 30 days for the service. You can cancel the service at any time and you won’t be charged again, but you are responsible for any charges already incurred.

Annual plan: FoodTrekker’s annual plan is your best value, and gives you substantial savings over other plans. Annual plans must be pre-paid and no refunds are available. You will billed every year for the service. You can cancel the service at any time and you won’t be charged again, but you are responsible for any charges already incurred.

All subscriptions are subject to approval and/or cancellation for any reason. if your account is not approved and is cancelled by us before you use it, we will issue a 100% refund. if your account is cancelled by us for abuse or violations of terms and conditions, no refund will be provided. if you cancel your account for any reason, no refund will be provided.

If you are experiencing issues with using FoodTrekker, please first check the Help/FAQ section for ideas and suggestions. If you don’t find your answer there, then please contact your Coach. If there is no Coach for your area, then please contact our office.

LIMITATION OF LIABILITY FOR ERRORS & OMMISSIONS

The information, software, products, and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors. FoodTrekker specifically disclaims any liability for such inaccuracies or errors. FoodTrekker does not warrant or represent that the content on the site is complete or up-to-date. FoodTrekker is under no obligation to update any content on the site. FoodTrekker may change the content on the site at any time without notice. FoodTrekker may make improvements or changes to the site at any time. You agree that FoodTrekker, its agencies and affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if FoodTrekker is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. FoodTrekker cannot and does not guarantee continuous, uninterrupted, or secure access to the site.

LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE

Any and all claims regarding any failure or breach with respect to goods and services offered through the site are limited to claims against any and all such providers of goods and services. FoodTrekker hereby disclaims any liability, whether based on contract, tort, strict liability, or otherwise, including, without limitation, liability for any direct, punitive, special, consequential, incidental, or indirect damages, in connection with the goods or services provided by any carrier, business, destination, group, association or other supplier through the site, or any agents of said contacts, including, without limitation liability for any act, error, omission, injury, loss, accident, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier, and you hereby exonerate FoodTrekker from any liability with respect to the same.

INDEMNIFICATION

You agree to indemnify and hold FoodTrekker, their agencies and their parents, subsidiaries, affiliates, officers, assignees and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.

TERMINATION

We shall not be liable to you or any third party for termination of the Site. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. FoodTrekker assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

USE OF “COOKIE“ FILE FEATURES

FoodTrekker reserves the right to store information on a User’s computer in the form of a “cookie“ or similar file for purposes of modifying the Site to reflect Users’ preferences. The FoodTrekker Privacy Policy provides additional information regarding FoodTrekker’ use of cookies as well as procedures for disabling cookies. View FoodTrekker Privacy Policy for additional details.

TrekkerWorx Inc d/b/a FoodTrekker
4110 SE Hawthorne Blvd Suite 440
Portland OR 97214 USA

LAWS

The Terms and Conditions shall be governed by and construed in accordance with the laws of the US State of OREGON, excluding its conflict of law provisions. You and FoodTrekker agree to submit to the exclusive jurisdiction of the courts of the US State of OREGON. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

You and FoodTrekker agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently disallowed. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.