LeftoverSwap Legalese

But a lawyer friend said to include it.

We have no intention of this ever needing to be referenced, however it supposedly protects us from stupid people.

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Privacy Agreement

Leftover Swap ("LS") collects certain information through its websites and mobile sites, located at leftoverswap.com (the "Sites"), as well as the LeftoverSwap applications (the "Applications") (collectively, "Services"). Your privacy is important to LS and this Privacy Policy lays out LS’s policies and procedures surrounding the collection and handling of such information. This Privacy Policy applies only to the Services. It does not apply to third party services linked to LS Services or offline activities related to LS services.

1. Information LS Collects. 
LS may collect the following information from users of our Services: first name, last name, street address, city, state, zip code, cross streets, phone number, e-mail address, Services-specific display name, GPS location (mobile site), electronic signature and credit card information (collectively, "Personally Identifiable Information" or "PII"). LS is not intended for use by children under the age of 13 and LS does not knowingly collect PII from children under the age of 13. Use of Sites services requires that you register and/or create an account ("Account") or use the Sites as a guest. In addition to the PII set forth above, LS may collect information regarding Account holders' past LS orders, favorite restaurants, customer service inquiries, service/restaurant reviews and certain social networking preferences relating to the Sites (e.g. pages or entities you like, recommend or follow). In addition, LS may collect information regarding LS account holders' current and past LS orders, favorite restaurants, customer service inquiries, service/restaurant reviews and certain social networking preferences (e.g. pages you "Like" or "Recommend"). LS also uses web analytics software to track and analyze traffic for its Services in connection with LS's advertising and promotion of LS services. LS also aggregates certain information collected by the Applications including, but not limited to, certain order data, and delivery location. LS may publish these statistics or share them with third parties without including PII. LS may collect additional PII in connection with blog submissions including professional title, business/personal website, social networking handle/username and the author's photograph.
2. LS's Use Of Collected Information. LS uses PII to create users' LS accounts, to communicate with users (directly and through restaurants and delivery) about LS services, to offer users additional services, promotions and special offers. Users may opt to allow LS to store certain PII used to create users' LS accounts, including, but not limited to, credit card information. LS uses certain stored PII to customize future order processing for you. You may request that LS cease storing certain PII at any time, but you might not be able to take advantage of certain customized features. LS may also use PII to enforce LS terms of use and service. For example, when users with LS accounts return to the Sites, cookies identify those users and allow the Sites to provide certain user-specific information such as LS account information, past orders, favorite restaurants and user restaurant reviews. LS does not sell the information it collects through the Services to third parties. LS shares collected PII to third-party vendors and service providers with whom LS works to provide application programming interfaces ("APIs") and other functions for the Services in connection with the delivery of LS services. In addition, LS shares users' LS order content, special order instructions, first and last name, street address, e-mail address, telephone number and gratuity amounts when users' orders are placed for delivery, to the extent necessary to process and deliver those orders. LS may also disclose PII to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of LS terms of use and service or other alleged contract violations, infringement or similar harm to persons or property. User generated content posted through the Services such as service/restaurant reviews and certain social networking preferences (e.g. pages you "Like" or "Recommend") may be viewed by the general public. Accordingly, LS cannot ensure the privacy of any PII included in such user-generated content.
3. LS's Protection of PII. LS uses reasonable security measures equal to or exceeding industry standard to protect PII from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, LS cannot guarantee the security of PII. By using the Services, you acknowledge and agree that LS makes no such guarantee, and that you use the Services at your own risk.
4. Privacy Policy Amendments. LS may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date.
5. Applicability & Acceptance of These Terms of Use.
 By viewing, using, accessing, browsing, or submitting any content or material on the Sites, you agree to these Terms of Use as a binding legal agreement between you and LS, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Sites.

If you do not agree to these Terms of Use, then you may not use the Sites. LS reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each visit you make to the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
6. User License

   Scope. LS grants you permission (which may be revoked at any time for any reason or no reason) to view the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by LS, you may not deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. LS reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from LS. You may like or follow LS or share links to the Sites via social networking technology referenced on the Sites. Any rights not expressly granted herein are reserved.

   User Conduct. You agree that your use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable material; not to use the Sites or their services or submit content to the Sites if you are under the age of 13; not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery; not to access the Sites or services using a third-party's account/registration without the express consent of the account holder; not to use the Sites for illegal purposes; not to commit any acts of infringement on the Sites or with respect to content on the Sites; not to use the Sites to engage in commercial activities apart from sanctioned use of LS services; not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online; not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites; not to attempt to gain unauthorized access to other computer systems from or through the Sites; not to interfere with another person's use and enjoyment of the Sites or another entity's use and enjoyment of the Sites; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).

   Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that LS will be entitled to temporary and permanent injunctive relief to prohibit such use.

7. Site Content

   Nature of User Material. Some of the services offered by LS on the Sites allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, restaurant reviews and blog entries, to the Sites (collectively, "Submissions"). You agree not to create any Submission that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party's uninterrupted use and enjoyment of the Sites; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, including, but not limited to, negative reviews posted by competing restaurants or allegations of health code violations; is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; harms or is inappropriate for minors to view; links to any commercial or other website; and/or is not otherwise in compliance with these Terms of Use. User Representations and Warranties. Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means: you are the author of the Submission, or the Submission is not protected by copyright law, or you have express permission from the copyright owner to use the Submission in connection with the Sites; and you have the right to grant LS the license set out in these Terms of Use; for restaurant review Submission(s), you have had first-hand experience with the subject restaurant; and your use of the Sites and Submission(s) do not violate these Terms of Use.

   User License Grant to LS. You grant LS, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to LS in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize LS to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant LS and its and related entities the right to use any Personally Identifiable Information (as that term is defined in LS's Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant LS the right to use the Submission and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Submission or communication you send to LS for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. LS does not claim ownership of Submissions.

   Disclaimer of Responsibility for Material. Submissions are not endorsed by LS, and do not represent the views of LS or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that LS does not control all Submissions, and disclaims any responsibility for such Submissions. LS specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, LS does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. LS assumes no responsibility or liability for any errors or omissions in the content of the Sites.

   Review & Removal of Material. LS reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions. You may contact LS at eat@leftoverswap.com to request removal of a Submission. However, LS disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. LS also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send LS a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LS to locate the Submission(s) Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites should be sent to LS, Inc., 111 W. Washington St. Ste. 2100, Chicago, IL 60602. LS suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.

   Proprietary Rights. You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of LS. All Sites design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Sites are reserved.

8. Termination and Modifications to the Sites. 
 LS reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
9. Indemnity. 
 You agree to indemnify and hold LS, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.
10. Disclaimer of Warranties. 
 THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY LS, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Limitation of Liability.
 IN NO EVENT SHALL LS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. LS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. LS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LS OR A PROVIDER AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND LS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.
12. Your account, password, and security.
 Use of Sites services requires that you register and/or create an account ("Account") or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LS has the right to refuse any and all current or future use of the Sites (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify LS of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. LS will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
13. Links. 
 As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with LS while others are not. LS is not responsible for the contents of any website pages created and maintained by organizations independent of LS. Visiting any such third-party website pages is at your own risk. LS has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by LS. By using the Sites you acknowledge that LS is responsible neither for the availability of, nor the content located on or through any third-party website pages.
14. Trademarks LeftoverSwap is a LS trademarks. Such trademarks and other marks, logos, and names of LS or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under LS's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LS. All other trademarks not owned by LS (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LS or its affiliates.
15. Consideration
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
16. Jurisdiction, Applicable Law, and Limitations
This Site is created and controlled by LS in the State of Washington, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Washington without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. LS makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Seattle, Washington within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

17. General Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

    Entire Agreement. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of LS's Privacy Policy, constitute the entire agreement between you and LS, superseding all prior agreements regarding the Sites.

    No Waiver. The failure of LS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

    Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

    Contact LS. For purposes of providing notice of cancellation or termination, contact us at eat@leftoverswap.com

Mobile Users

Without limiting any other provisions of these Terms, this section is specific to the use of LS’s downloadable software application(s) (the "Application").

• Use of Content Through the Application

  You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a "Mobile Device"). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content.

  We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the "Updates"). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time.

  We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.

• Third Party Beneficiaries

  Apple Inc. and Google Inc. are third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.

Privacy and Security

Please review our Privacy Policy details on information we may collect about you and the software(s) and hardware(s) you are using, including without limitation, location information that may be collected as a result of your use of the Properties through a Mobile Device. It is important that you read and understand the terms of our Privacy Policy.

We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.

Disclaimer of Warranties and Limitation of Liability

• Disclaimer of Warranties

  YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

  WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.

• Limitation of Liability

  UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.

Miscellaneous

• Indemnity

  You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.

• Data Fees

  Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.

• Changes to the Terms

  LS may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.

• Interpretation

  The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.

• Governing Law/Dispute Resolution

  These Terms are governed exclusively by the laws of the State of Washington and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in King County in the State of Washington. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.

• Severability

  If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Review Guidelines

Reviews are approved based on the following criteria:

RELEVANCY

Reviewers must have had a firsthand experience with the restaurant.

ACCEPTABLE CONTENT

We can reject and remove any comment without warning or explanation. We're not going to as long as you follow our guidelines, but we do reserve that right. As for those guidelines:

• No offensive language.
• Discrimination based on the grounds of race, religion, gender, national origin, age, marital status, sexual orientation or disability will not be tolerated.
• Referencing illegal activity is not okay.
• Competing restaurants are not allowed to post negative reviews. Violation of this policy will result in permanent removal from our site without a refund.
• Allegations of health code violations are not acceptable.

NOT ENDORSED

LS does not endorse reviews, and they do not represent our views. We also don't assume liability for the content of any review.

OWNED BY LS

We own all reviews exclusively and forever. We have the right to reproduce, modify, translate, transmit and distribute all materials relating to reviews. We are under no obligation to pay you for your reviews.

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Leftover Provider Agreement

1. Provider warrants that it shall be solely responsible for every claim, allegation, damage, liability, obligation, award, settlement and expense, including without limitation attorneys' fees and court costs (collectively, "Losses") arising in connection with the Provider's distribution of any food and drink; compliance with any applicable laws, taxes or tariffs related to internet electronic commerce; delivery service and parking accessibility, if any; compliance with appropriate health codes with respect to preparation of food and beverages; and all matters concerning quality and condition of the food and beverages.
2. Provider will indemnify, defend and hold harmless LS, its business units, and each of LS's respective officers, directors, shareholders, employees, representatives, successors and assigns, from and against all Losses, to the extent such Losses are related to: (a) any development, operation or maintenance of the LS Websites done at Provider's direction or request; (b) any claim that Provider Content provided by Provider infringes or misappropriates any third party's copyright, U.S. patent, trademark or other proprietary right; or (c) the breach of any representation, or warranty made by Provider in this Agreement.
3. LS shall own all intellectual property rights associated with the finished assembled Project website, web pages and associated content created by LS. This content includes, but is not limited to the design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed for or purchased on behalf of Provider in connection with the Project.
4. Provider will indemnify, defend and hold harmless LS, its business units, and each of LS's respective officers, directors, shareholders, employees, representatives, successors and assigns, from and against all Losses, to the extent such Losses are related to: (a) the development, operation, maintenance of the Project website done at Provider's direction or request; (b) any claim that content provided by Provider infringes or misappropriates any third party's copyright, U.S. patent, trademark or other proprietary right; or (c) any claim that the Project website and content displayed therein is defective, inaccurate or causes injury to any third party. LS does not warrant that the functions of the Project website, will meet Provider's expectations of site traffic or resulting business or that the operation of the Project web pages will be uninterrupted and/or error-free. Provider will not hold LS responsible for occasional downtime of the Project website due to line interruptions and/or other instances beyond LS's control.
5. This Agreement, including any future Agreement modifications, constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof and supersedes any and all prior agreement, written and oral, with respect thereto. Provider agrees that acceptance of any Services shall be subject to the then-current Agreement terms, and continued acceptance of the Services following Agreement modifications confirms that Provider has read, accepted, and agreed to be bound by such modifications. All Agreement modifications shall be posted at leftoverswap.com and shall be effective immediately upon posting.

INTERNATIONAL USERS:

THESE AGREEMENTS WERE WRITTEN IN ENGLISH (US). TO THE EXTENT ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH THE ENGLISH VERSION, THE ENGLISH VERSION CONTROLS.

Special Provisions Applicable to Users Outside the United States

. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with LS outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on LS (such as advertising or payments) or operate a Platform application or website.

Whew. Get outta here.