TERMS OF SERVICE – USER AGREEMENT
Last Updated on August 20, 2020.
1. Acceptance of Terms
These terms and conditions of services (the “Terms”) are a legal and binding agreement between you and OWOC, LLC (“Picknic”).
4. Picknic and Restaurant Ratings/certification Are Not a Substitute for User Vigilance
The purpose of Picknic, including the Site, is to provide a guide to restaurants that are friendly for critical dietary restrictions (CDRs) such as food allergies, food intolerances, celiac disease, etc. Though ratings and certification from Picknic indicate that a food establishment may be appropriate for a given dietary restriction, Picknic cannot and does not guarantee that a food establishment will at all times use adequate processes or other safeguards to prevent cross-contact with allergens or other restricted foods. Picknic does not guarantee the safety of any food items.
The Site is in no way meant to be a replacement for your vigilance in contacting a food establishment to inquire about the ingredients and procedures relevant to your unique food needs. Picknic assumes no liability for your experience at a food establishment.
Though we try to provide accurate information, Picknic can not guarantee that the information provided on the Site is accurate or complete. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion.
Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
5. Picknic Does Not Offer Medical Advice
Picknic does not offer medical advice. Information provided on this Site is provided to you for informational purposes only. None of the information provided is intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian.
Statements and opinions expressed on the Site should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Picknic.
6. Site Use Restrictions
You agree not to:
- Violate the Terms;
- Modify, reproduce, distribute, sell, or in any way exploit the Site;
- Use any robot or other automated means to access, retrieve, or index any portion of the Site;
- Access, retrieve or index any portion of the Site for purposes of constructing or populating a database;
- Take any action that imposes, in our sole discretion, an unreasonable load on our technology infrastructure;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or features that enforce limitations on the use of the Site.
7. Use of Your Information
8. Email Policy
By submitting your email, you consent to initially receiving periodic emails from Picknic. If you would like to stop receiving emails from Picknic, please follow the directions to unsubscribe at the bottom of the emails you receive from Picknic.
9. Linking Policy
We may link to, or promote, websites or services from other companies, including food establishments. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant, in any express or implied way, the offering of any of those businesses or individuals, and do not control, those web sites or services.
10. Intellectual Property and Grant of Rights to User
All of the content featured or displayed on the Site (“Content”) is owned or licensed by Picknic.
Pursuant to the copyright and trademark laws of the United States, you agree to all of the following:
- That you may only download Content that Picknic designates as offered for download for personal and noncommercial use;
- To not reproduce, modify, or distribute any Content without specific written authorization from Picknic;
- To maintain any and all trademark, copyright, or other proprietary notices attached to any Content;
11. Disclaimer of Warranties
The site and all content on the site are provided to user on an ‘as is’ basis and without express or implied warranty of any kind.
Picknic disclaims all warranties, expressed or implied, with respect to the services provided, the site, the content and related materials provided hereunder including, without limitation, any warranty of accuracy, merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.
You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
12. Limitation of Liability
Use of this site and any external content is solely at your own risk. Picknic may not be held liable for any damages arising out of or related to your use of the Site. In no event shall Picknic be liable for any loss, injury, damage, claim or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with any use of the Site.
Picknic is not liable for any loss, injury, damage, claim or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a user’s visit to or patronage of a food establishment or business listed, rated, certified, or promoted by Picknic.
You agree to indemnify, defend, and hold Picknic, its parents, subsidiaries, affiliates, any related companies, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:
- your violation of the Terms;
- your access to or use of the Site;
- any products or services purchased or obtained by you in connection with the Site;
- the infringement by you, or any third party, of any intellectual property or other right of any person or entity.
Picknic reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Picknic in asserting any available defenses. You agree not to settle any matter without the prior written consent of Picknic.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
15. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, delegated, or assigned in any manner by you, the user, but may be so transferred, delegated, or assigned by Picknic.
The failure or neglect by a party to enforce any of rights under this agreement will not be deemed to be a waiver of that party’s rights.
Tennessee law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Picknic (a “Claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Nashville, Tennessee.