We (the staff at 17GRAD OHG) run a service called LetsEatSomewhere.com and would love for you to use it. Our basic service is paid, but we offer 30 day trials without any fees. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your website or get linked to from your website (things like spam, viruses, excessively adult-oriented or hate content).
If you find a LetsEatSomewhere.com member website that you believe violates our terms of service, please inform us page.
You acknowledge and agree that 17GRAD may send You e-mails related to your account and/or the Service. Shocking, we know.
You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data – You wouldn’t want anyone doing that to You, right?
You will be billed on a monthly basis. You may elect to make advance payments. Advance payments, however, are not refundable for any reason. At the end of each one-month term, Your contract will automatically renew until You cancel it. Cancellation must be issued via the Service, and it must be done three (3) days prior to the end of the contract term to allow for adequate processing time and to ensure that You are not billed for an additional month.
17GRAD will not issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact 17GRAD immediately. If the charges were made in error, 17GRAD will credit your account for the appropriate amount. 17GRAD has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYERS SAID SO. THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. 17GRAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT 17GRAD DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON 17GRAD’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, 17GRAD DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
THIS ONE ALSO HAS TO STAND OUT.
IN NO EVENT WILL 17GRAD BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL 17GRAD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
17GRAD’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO 17GRAD FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, 17GRAD’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
You agree to indemnify, defend and hold harmless 17GRAD from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless 17GRAD from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
We reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by 17GRAD will not be backed-up for any reason and will be immediately terminated from 17GRAD’s servers. You may terminate Your account at any time, but 17GRAD will not under any circumstances issue any refunds of monies paid.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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. If these terms and conditions are considered an offer by LetsEatSomewhere.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. Your LetsEatSomewhere.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LetsEatSomewhere.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LetsEatSomewhere.com liability. You must immediately notify LetsEatSomewhere.com of any unauthorized uses of your site, your account or any other breaches of security. LetsEatSomewhere.com 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 is only provided to paying account holders and is only available via email.
2. Responsibility of Contributors. If you operate a 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 (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant that:
By submitting Content to LetsEatSomewhere.com for inclusion on your Website, you grant LetsEatSomewhere.com 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 your site. If you delete Content, LetsEatSomewhere.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
LetsEatSomewhere.com's Service is intended solely for businesses in and directly related to the food service industry, including but not limited to restaurants, cafés and bars. The Service is not permitted for regional, national or international franchises or chains with over 10 units.
LetsEatSomewhere.com's website template designs, logo, related graphics, text, and trade names are trademarks of LetsEatSomewhere.com and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners.
Without limiting any of those representations or warranties, LetsEatSomewhere.com has the right (though not the obligation) to, in LetsEatSomewhere.com's sole discretion (i) refuse or remove any content that, in LetsEatSomewhere.com's reasonable opinion, violates any LetsEatSomewhere.com 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 for any reason, in LetsEatSomewhere.com's sole discretion. LetsEatSomewhere.com will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. LetsEatSomewhere.com has not reviewed, and cannot review, all of the material, including restaurant information, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, LetsEatSomewhere.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. LetsEatSomewhere.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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 LetsEatSomewhere.com links, and that link to LetsEatSomewhere.com. LetsEatSomewhere.com does not have any control over those non-LetsEatSomewhere.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-LetsEatSomewhere.com website or webpage, LetsEatSomewhere.com 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. LetsEatSomewhere.com disclaims any responsibility for any harm resulting from your use of non-LetsEatSomewhere.com websites and webpages.
5. Copyright Infringement and DMCA Policy. As LetsEatSomewhere.com 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 LetsEatSomewhere.com violates your copyright, you are encouraged to notify LetsEatSomewhere.com. LetsEatSomewhere.com 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 LetsEatSomewhere.com or others, LetsEatSomewhere.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LetsEatSomewhere.com will have no obligation to provide a refund of any amounts previously paid to LetsEatSomewhere.com.
6. Intellectual Property. This Agreement does not transfer from LetsEatSomewhere.com to you any LetsEatSomewhere.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LetsEatSomewhere.com. LetsEatSomewhere.com and the LetsEatSomewhere.com logo, and all other trademarks, service marks, graphics and logos used in connection with LetsEatSomewhere.com, or the Website are trademarks or registered trademarks of LetsEatSomewhere.com or LetsEatSomewhere.com'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 LetsEatSomewhere.com or third-party trademarks.
7. Allotted Bandwidth. LetsEatSomewhere.com does not set arbitrary limits on the amount of web traffic your web site can receive nor does LetsEatSomewhere.com charge additional fees based on increased use of bandwidth, as long as your use of the Service complies with these Terms. LetsEatSomewhere.com retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice. Generally, your web site will be able to handle as much traffic as any regional restaurant can legitimately acquire. However, LetsEatSomewhere.com reserves the right to temporarily or permanently limit access to your site in situations where it becomes necessary to prevent a negative impact on other users.
8. Service Uptime. LetsEatSomewhere.com will make reasonable efforts to ensure that the Site and Services are available consistently twenty-four hours a day. However, there may be times when the Site and/or Services 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. LetsEatSomewhere.com will take every reasonable step to minimize the length of any such interruption where it is within LetsEatSomewhere.com’s reasonable control. YOU AGREE THAT LetsEatSomewhere.com 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.
9. Changes. LetsEatSomewhere.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service. 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. LetsEatSomewhere.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. LetsEatSomewhere.com reserves the right to alter, and temporarily or permanently discontinue the Service or its current features with or without notice.
10. Cancellation and Termination. LetsEatSomewhere.com 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 this Agreement or your LetsEatSomewhere.com free account (if you have one), you may simply discontinue using the Website or log in to your account and cancel from the Preferences link in your account console. If you wish to terminate your LetsEatSomewhere.com 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 LetsEatSomewhere.com paid subscription you must log into your account and cancel from the dashboard. Canceling 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.
11. Fees and Refunds. LetsEatSomewhere.com Pro subscriptions are billed on an annual or monthly basis and are non-refundable. Prior to signing up for an account, we HIGHLY recommend that you test the Service using the trial version first. Pricing of all Services is subject to change upon 30 days notice from LetsEatSomewhere.com. Such notice may come either in the form of an email or through a general posting on LetsEatSomewhere.com. You authorize LetsEatSomewhere.com directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and financial information. Your credit card may be billed immediately for the first month when you subscribe for the paid account. The recurring monthly payments will occur on the same day of the month as your signup day for the duration of your subscription. Each website you create will be billed separately and may be billed in different cycles. 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. LetsEatSomewhere.com 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 Germany.
12. White Label Interface Terms. Your use of the Service shall be subject to these additional terms if you use or offer the use of our white label interface to a third party (your "Client") to build a web site (a "Client Website").
a. LetsEatSomewhere.com will not be subject to any agreement that exists between you and your Client. How you do business with your Client is strictly between you and the Client, but you agree to conduct this service in conformance with these Terms and Conditions and consistent with general industry practice.
b. LetsEatSomewhere.com's white label interface is in no way guaranteed to omit all references to the LetsEatSomewhere.com brand name or logo. While we will do our best to remove links and references to the LetsEatSomewhere.com brand and Service, we will in no way be held responsible for any failure to remove these links or references.
c. By using LetsEatSomewhere.com's white label interface or by offering its usage to your Client, you accept full responsibility for each Client Website's conformance to these Terms and Conditions.
d. In the event that one of your Clients contacts LetsEatSomewhere.com directly, we will ask them to contact you for support. If you do not help your Client in a timely manner, we reserve the right to support your Client directly.
13. Disclaimer of Warranties. THE WEBSITE IS PROVIDED "AS IS". LetsEatSomewhere.com 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 LetsEatSomewhere.com NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE 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 LetsEatSomewhere.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN AND BACKUP THE MATERIAL HOSTED ON THE SITE, LetsEatSomewhere.com IS UNDER NO OBLIGATION OR DUTY TO YOU TO DO SO UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR CREATING REGULAR BACK-UPS OF YOUR WEBSITE CONTENT. YOU ARE STRONGLY URGED TO BACK-UP COPIES OF ANY IMAGES, INFORMATION, OR OTHER MEDIA YOU UPLOAD ON THE SITE TO A RELIABLE OFFLINE RESOURCE.
14. Limitation of Liability. IN NO EVENT WILL LetsEatSomewhere.com, 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 INTERUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO LetsEatSomewhere.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. LetsEatSomewhere.com 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. Indemnification. You agree to indemnify and hold harmless LetsEatSomewhere.com, 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 your use of the Website, including but not limited to out of your violation this Agreement.
17. Miscellaneous. This Agreement constitutes the entire agreement between LetsEatSomewhere.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LetsEatSomewhere.com, or by the posting by LetsEatSomewhere.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The 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 held 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; LetsEatSomewhere.com 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 your LetsEatSomewhere.com billing account please email us.
For further information, please email us or contact us via regular mail: