Foodie Card Terms of Use

Last Updated: March 2, 2023

These terms of use ("Terms of Use") are entered into by and between you and Foodie Card, Inc. (“Company,” “we,” “us” or “our”) and govern your access to and use of the FoodieCard.com website and the Foodie Card mobile application, including any services offered through, and all technology, content and other materials available by means of, the website or mobile application (collectively, the “Site”). These Terms of Use incorporate our Privacy Policy as well as applicable terms and conditions describing the Foodie Card program that are set forth on the Site from time to time.

Please read these Terms of Use carefully. By using the Site, you affirm that you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, including the Privacy Policy, you may not access or use the Site.

We may terminate your right to access the Site or use any of our services at any time without notice, for any reason, including but not limited to any conduct that we deem to be fraudulent or abusive, in violation of any applicable laws or regulations, harmful to the interests of another person, unauthorized, or otherwise in violation of these Terms of Use.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Site, including, without limitation, any organizations that register accounts or otherwise access or use the Site through their respective representatives. The term “you” shall mean yourself individually as well as any organization on whose behalf you use the Site.

Our Services

Foodie Card members are eligible to receive discounts and earn rewards when they dine at participating restaurants. Additional terms and conditions applicable to your use of the Site and purchase and use of Foodie Cards, including pricing and payment terms, are set forth on the Site and incorporated into these Terms of Use. Please see our Frequently Asked Questions for more information about the Foodie Card program, and click here to learn more about our bulk purchase programs, which permit you to purchase multiple Foodie Cards at discounted rates for distribution to individuals whom you designate (“Bulk Purchase”).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to regularly review these Terms of Use so you are aware of any changes, as they are binding on you.

Rules and Prohibitions

Without limiting other requirements set forth in these Terms of Use, by using the Site, you agree that:

You will not use the Site for sending or storing any unlawful material or for deceptive or fraudulent purposes.
You will not engage in conduct that harms other Users, Company employees, or our community.
You will only use the Site for lawful purposes, in accordance with all applicable laws and regulations, and without infringing on or violating any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
You will only access the Site using means expressly authorized by the Company.
You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site.
You will not use the Site to cause nuisance, annoyance or inconvenience.
You will not use the Site for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any merchant, User or contractor, unless the Company has given you prior permission to do so in writing.
The information you provide to us when you register an account, make a purchase or otherwise communicate with us will be accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You will keep secure and confidential your account password or any other identification credentials we provide you which allow access to the Site.
You will not use the Site in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server.
You will not attempt to gain unauthorized access to the Site and/or to any account, resource, computer system, and/or network connected to any Company server.
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures the Company may use to prevent or restrict access to or use of the Site.
You will not deep-link to our Site.
You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Site by any means, whether manual or automated.
You will not engage in threatening, harassing, racist, sexist or other behavior that the Company deems inappropriate when using the Site.
You will use good faith efforts to report to us any errors, bugs, unauthorized access or breach of our intellectual property rights that you uncover in your use of the Site.
You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.

In the event that we have reason to believe that you have breached any of the above requirements, we reserve the right, at our sole discretion and without limitation of our other rights or remedies, to suspend or permanently deactivate your account.

Intellectual Property Rights

We own the Site, subject to our content providers’ and licensors’ ownership of the materials that they provide, including all copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights inherent in or appurtenant to the Site. Without limitation of the foregoing, all names, logos, brands, trademarks and service marks on the Site are owned by the Company or its affiliates, licensors or business partners and may not be used without the express written permission of the Company or other applicable owner.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You may download our mobile app to your device solely for your own personal, non-commercial use.

No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted herein are reserved by the Company.

Digital Millennium Copyright Act

It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon notification to the Company by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Company for notice of claims of copyright infringement is as follows: Foodie Card, Inc., Attention: Copyright Agent at 50 Jackson Avenue, Suite 210, Syosset, NY 11791.

Information About You and Your Visits to the Website

All personal data we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to use of any personal data that we collect from you in compliance with the Privacy Policy.

Links from the Site

If the Site contains links to other websites provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Representations and Warranties

You represent and warrant that you are at least 18 years old and have the power and authority to enter into and agree to these Terms of Use on behalf of yourself and any organization on whose behalf you use the Site.

If you make a Bulk Purchase of Foodie Cards on behalf of other individuals, you grant to us the right to use the contact information that you provide for such individuals in connection with the Bulk Purchase for purposes consistent with these Terms of Use, including our Privacy Policy, and you further represent and warrant that:

you have the right to provide us with such contact information without violating any applicable laws, regulations, contractual obligations, privacy policies or third party rights; and
such other individuals are at least 18 years of age and reside in the United States in, to your knowledge, a location where there are restaurants participating in the Foodie Card program.

Disclaimers

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

YOUR USE OF THE SITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR SOLE LIABILITY, AND YOUR SOLE REMEDY, IN THE CASE OF ANY BREACH BY US OF ANY OF OUR OBLIGATIONS HEREUNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, SHALL BE FOR US TO PROVIDE YOU WITH A REFUND FOR ALL AMOUNTS PAID BY YOU TO US FOR PURCHASES OF FOODIE CARDS DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Suffolk in the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Renewals

The Company prides itself on transparency, which is why we notify customers a week in advance before any renewal charge takes place. If you would like to cancel your renewal at any time, email us at [email protected] or call us 1-833-366-3432

Comments and Concerns

The Site is operated by Foodie Card, Inc. at 50 Jackson Avenue, Suite 210, Syosset, NY 11791.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].