Flavor Plate Terms & Conditions

Flavor Plate, LLC

Terms of Service

BETA TESTING STATUS. Please note that the website and web services described below are currently in the BETA-testing phase and are undergoing intermittent modifications and updates. By using the Services (as defined below), you understand and agree that there may be interruptions and/or errors with our product and its’ capabilities.

FREE TRIAL PERIOD: The Services are currently being offered by Flavor Plate, LLC (“Flavor Plate”) on a 14-day free trial period. It is your responsibility to sign up for the paid service upon expiration of the free trial to avoid any interruption of service. Flavor Plate is not responsible for lost or deleted content beyond the 14-day free trial. Flavor Plate reserves the right to change the free trial policy at any time.

The following terms and conditions govern use of the Flavor Plate website (www.flavorplate.com) (the “Website”) and all content, services and products available at or through the Website, including, but not limited to, the Flavor Plate web creation service (the “Service”).

The Website is owned and operated by Flavor Plate. Use of the Website is conditioned upon to your acceptance of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Flavor Plate’s Privacy Policy) and procedures that may be published from time to time on the Website (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.

1. Your Flavor Plate Account and Site

If you create a site on the Website using the Services (a “Customer Site”), you are responsible for maintaining the security of the Customer Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Customer Site. You agree to not describe or assign keywords to the Customer Site that are misleading or unlawful. Flavor Plate may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Flavor Plate liability. You agree to immediately notify Flavor Plate of any unauthorized uses of the Customer Site, your account or any other breaches of security. Flavor Plate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Technical support for the Customer Site shall only be provided by Flavor Plate to paying account holders who are current as to all payments due.

2. Responsibility of Contributors

If you operate a Customer Site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (all of such material, “Content”), You are solely responsible for such Content and any harm resulting from that Content, regardless of whether the Content constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant to Flavor Plate that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
  • The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
  • The Customer Site is not named in a manner that misleads your readers into thinking that you are another person or company.

By submitting Content to Flavor Plate for inclusion on the Customer Site, you grant Flavor Plate a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Customer Site. If you delete Content, Flavor Plate will use reasonable efforts to remove it from the Customer Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

The Service is intended for use by businesses in and directly related to the food service industry. The Service is not permitted for franchises or chain operations. Flavor Plate reserves the right to refuse to make the Service available to any business in its sole and absolute discretion.

Without limiting any of those representations or warranties, Flavor Plate has the right (though not the obligation) to, in Flavor Plate’s sole discretion: (i) refuse or remove any content that, in Flavor Plate’s reasonable opinion, violates any Flavor Plate policy or is in any way harmful or objectionable; or (ii) terminate or deny access to and use of the Website to any individual or entity. Flavor Plate will have no obligation to provide a refund of any amounts previously paid.

3. Content Posted to Customer Site

Flavor Plate has not reviewed, and cannot review, all of the Content requested to be posted to a Customer Site. Flavor Plate does not represent or imply that it endorses any of the Content or that it believes such material to be accurate, useful or non-harmful. You shall be solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Flavor Plate is not responsible for reviewing the Content prior to posting on the Customer Site to confirm that it does not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Customer Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Flavor Plate disclaims any responsibility for any harm resulting from the use by visitors of the Customer Site, or from any downloading by those visitors of Content posted to the Customer Site.

4. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Flavor Plate links, and that link to Flavor Plate. Flavor Plate does not have any control over those non-Flavor Plate websites and webpages, and is not responsible for their contents or their use. By linking to a non-Flavor Plate website or webpage, Flavor Plate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Flavor Plate disclaims any responsibility for any harm resulting from your use of non-Flavor Plate websites and webpages.

5. Bulk Commercial E-Mail

You must obtain Flavor Plate’s prior approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate ALL of the following to Flavor Plate’s reasonable satisfaction:

  • the intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure.
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given.
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Flavor Plate’s requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Website or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com.
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
  • You must post an abuse@yourdomain.com e-mail address on the first page of any Website associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
  • You must have a Privacy Policy posted for each domain associated with the mailing.
  • You have the means to track anonymous complaints.
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using the Service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Flavor Plate may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using the Service.

6. Copyright Infringement and Digital Millennium Copyright Act Policy

As Flavor Plate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Flavor Plate violates your copyright, you are encouraged to notify Flavor Plate. Flavor Plate will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Flavor Plate or others, Flavor Plate may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Flavor Plate will have no obligation to provide a refund of any amounts previously paid to Flavor Plate.

7. Intellectual Property

This Agreement does not transfer from Flavor Plate to you any Flavor Plate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Flavor Plate. Flavor Plate and the Flavor Plate logo, and all other trademarks, service marks, graphics and logos used in connection with Flavor Plate, or the Website are trademarks or registered trademarks of Flavor Plate or Flavor Plate’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Flavor Plate or third-party trademarks.

8. Allotted Bandwidth

Flavor Plate does not set limits on the amount of web traffic the Customer Site can receive nor does Flavor Plate charge additional fees based on increased use of bandwidth, as long as your use of the Service complies with this Agreement. Flavor Plate retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice.

9. Service Uptime

Flavor Plate will make reasonable efforts to ensure that the Website, Customer Site and Services are available consistently twenty-four hours a day. However, there may be times when these will be disrupted due to software maintenance, system upgrades and emergency repairs or due to malicious attacks or the failure of telecommunications equipment and links. Flavor Plate will take reasonable steps to minimize the length of any such interruption.

YOU AGREE THAT FLAVOR PLATE WILL NOT BE HELD LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICE, OR ANY OTHER CONTENT.

10. Changes

Flavor Plate reserves the right, at its sole discretion, to amend or modify the terms and conditions or this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Flavor Plate may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Any of such new features and/or services shall be subject to the terms and conditions of this Agreement. Flavor Plate reserves the right to alter, and temporarily or permanently discontinue the Service or its current features with or without notice.

11. Gift Cards

You (and not Flavor Plate) shall be the issuer of the gift card and solely responsible for redeeming the gift card. You (and not Flavor Plate) shall be fully responsible for fulfillment of the gift card, including the provision of goods and services. You shall be solely responsible for compliance with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed gift cards and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to the use or redemption of the gift card. Gift Card fulfillment and delivery details are your sole responsibility, and not Flavor Plates. Flavor Plate is not responsible for purchase disputes or returns. The merchant account provider, Stripe.com and the individual restaurant must resolve any issues, without the involvement of Flavor Plate. You agree to indemnify, defend, and hold Flavor Plate harmless, from and against any and all claims, demands and losses suffered by Flavor Plate arising out of the issuance, redemption or fulfillment of the gift cards or compliance with state law.

12. Cancellation and Termination

Flavor Plate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Flavor Plate paid account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. In order to cancel your Flavor Plate paid subscription you must log into your account and cancel from the Account Info tab of the Flavor Plate site. Cancelling your Service may result in the immediate deletion of your Content. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Fees and Refunds

Prior to signing up for an account, we recommend that you test the Service using the free trial period. If you subscribe for Services, you will be billed on a monthly basis. If within the first 60 days of your Service you are not satisfied, you may notify Flavor Plate of your dissatisfaction, and request your money back. This will terminate your account with Flavor Plate. After 60 days, such fees shall be non-refundable.

You authorize Flavor Plate directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and credit worthiness. Your credit card will be billed immediately for the first month when you upgrade from a free account. The recurring monthly payments will occur on the same day of the month as your signup day for the duration of your subscription. In the event that you sign up for your subscription on a day that does not exist during certain months of the year (such as the 30th or 31st day), you will be billed on the last day of those months. Flavor Plate fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, with the exception of only federal or state taxes in the United States.

The pricing for all Services is subject to change upon 30 days notice from Flavor Plate. Such notice may come either in the form of an email or through a general posting on Flavor Plate.

14. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. FLAVOR PLATE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FLAVOR PLATE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE OR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

WHILE FLAVOR PLATE WILL MAKE REASONABLE EFFORTS TO MAINTAIN AND BACKUP ANY CONTENT HOSTED ON EACH CUSTOMER SITE, FLAVOR PLATE IS UNDER NO OBLIGATION OR DUTY TO DO SO. YOU ARE SOLELY RESPONSIBLE FOR CREATING REGULAR BACK-UPS OF YOUR WEBSITE CONTENT. YOU ARE STRONGLY URGED TO BACK-UP COPIES OF ANY AND ALL CONTENT YOU PROVIDE TO FLAVOR PLATE FOR POSTING ON A CUSTOMER SITE.

15. Limitation of Liability

IN NO EVENT WILL FLAVOR PLATE OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO FLAVOR PLATE UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. FLAVOR PLATE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with Flavor Plate’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless Flavor Plate, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or related to, (i) your use of the Website; (ii) your breach of this Agreement; (iii) any claim that the Content breaches the intellectual property rights of any third party.

18. Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Flavor Plate, or by the posting by Flavor Plate of a revised version. This Agreement, any access to or use of the Website will be governed by and construed in accordance with the laws of the State of Vermont, U.S.A., without giving effect to principles of conflict of laws that would require the application of any other law. The proper venue for any and all disputes arising out of or relating to this Agreement, shall be the state and federal courts located in Chittenden County, Vermont. The substantially prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is found by a court to be invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Flavor Plate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any problems related to Flavor Plate billing or are in need of technical assistance with your website, please feel free to any time.

If you find a Customer Site that you believe violates these terms of service,

For further information, please or contact us via regular mail:

Flavor Plate, LLC
P.O. Box 4235
Burlington, VT 05406

Copyright © 2011 - 2017 Flavor Plate. All rights reserved.