Terms of Service

Untitled Document

1. Terms

By accessing the web site at http://caloriecap.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Calorie Cap's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Calorie Cap's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Calorie Cap at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Calorie Cap's web site are provided "as is". Calorie Cap makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Calorie Cap does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Calorie Cap or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Calorie Cap's Internet site, even if Calorie Cap or a Calorie Cap authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Calorie Cap's web site could include technical, typographical, or photographic errors. Calorie Cap does not warrant that any of the materials on its web site are accurate, complete, or current. Calorie Cap may make changes to the materials contained on its web site at any time without notice. Calorie Cap does not, however, make any commitment to update the materials.

6. Links

Calorie Cap has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Calorie Cap of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Calorie Cap may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Calorie Cap's web site shall be governed by the laws of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Restaurant Information

We are not an official partner of any restauarant, we simply display full menu's in an easier to browse format.

10. Privacy Policy

By agreeing to our terms of service, you also agree to our Privacy Policy

11. Comments

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE “COMMENTS” SUBMISSION SERVICE AT THE CalorieCap WEB SITE.
BY CLICKING THE “PUBLISH” BOX FOR YOUR COMMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR COMMENT TO CalorieCap WEB SITE.

1. CalorieCap owns and operates the caloriecap.com site (the “Site”). Your use of the features on the Site allowing for submission of a “Comment” is subject to the following terms and conditions (the “Terms”). CalorieCap may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your submission of a “Comment” to the Site following the modification of these Terms shall constitute your binding acceptance of and agreement to be bound by those modified Terms.

2. CalorieCap has the right, but not the obligation, to take any of the following actions, in CalorieCap’s sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
a. Restrict, suspend or terminate your ability to submit “Comments,” or any other content, to the Site;
b. Change, suspend or modify all or any part of the Site or the features thereof;
c. Refuse or remove any material posted on, submitted to or communicated through the Site by you;
d. Deactivate or delete any screen names, profiles or other information associated with you; or
e. Alter, modify, discontinue or remove any content of the Site.

3. You agree that, when using or accessing the Site or any of the features thereof, you will not:
a. Violate any applicable law or regulation;
b. Interfere with or damage the Site;
c. Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
d. Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
e. Transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
f. Transmit or submit any unsolicited advertising, promotional materials, or spam;
g. Stalk or harass any user or visitor to the Site; or
h. Use the content or information available on the Site for any improper purpose.

4. You retain the Copyright in any “Comment” you submit to CalorieCap. By submitting a “Comment” to CalorieCap, you agree to grant CalorieCap a irrevocable, non-exclusive, royalty-free, perpetual license to use the material or commentary that you have submitted, in any medium and in any manner that CalorieCap may, in its sole unfettered discretion, choose.

5. By submitting a “Comment” to CalorieCap, you agree to comply with the following rules concerning such submissions:
a. You agree not to include in your “Comment”:

i) Any false, defamatory, libelous, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable content;

ii) Any content that may be harassing of any other Site contributors or other third parties;

iii) Any content that personally attacks an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone’s ideas or actions is not a personal attack);

iv) Any content that discloses private or personal matters concerning any person;

v) Any content that you know to be false, misleading, or fraudulent;

vi) Any content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;

vii) Any use of profanity;

viii) Any content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;

ix) Any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

x) Any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

b. You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the “Comment” is not your original work, it is your responsibility to obtain permission from the copyright owner before making that “Comment” available on the Web Site.
c. You are solely responsible for “Comment” you upload, post, transmit or otherwise make available to others using this Web Site. Under no circumstances will CalorieCap be liable in any way for any “Comment” posted on or made available through this Site by you or any third party.
d. You understand that CalorieCap does not generally pre-screen “Comments” posted on or available through the Web Site by individual authors, and that it has no obligation to do so. CalorieCap and its designees have the right (but not the obligation) in their sole unfettered discretion to remove any “Comment” that is posted on or available through the Site. Without limiting the foregoing, CalorieCap and its designees will have the right to remove any “Comment” that violates these Terms or is otherwise deemed objectionable by CalorieCap in its sole discretion.

6. CalorieCap reserves the right to sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, CalorieCap or its affiliates may contact you via email concerning the promotion of their products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that the “Comments” feature of the Site is designed to permit users to post information and commentary for public review and comment and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.

7. You are solely responsible for your interactions with other users of or visitors to the Site.
a. CalorieCap shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties. You acknowledge and agree that CalorieCap, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
b. CalorieCap does not verify any information posted to or communicated via the “Comments” sections of the Site by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that CalorieCap does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the Site.

8. The Site contains content created by or on behalf of CalorieCap as well as content provided by third parties.
a. CalorieCap does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites.
b. You acknowledge that, by viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall CalorieCap be liable in any way, under any theory, for any third party content.
c. You acknowledge and agree that the Site, and the contents thereof, is proprietary to CalorieCap and is or may be protected by copyright, trademark, patent and other intellectual property rights and laws. You agree that you will not access or use the Site or any of the content thereof for any reason or purpose other than your personal, non-commercial use. You agree that you will not systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site.
d. You agree that you will not reproduce, distribute or make derivative works of the Site or any of the contents thereof without the express consent of CalorieCap.

9. You hereby agree to indemnify, defend and hold harmless CalorieCap, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys’ fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.

10. CalorieCap respects the intellectual property rights of others, and under appropriate circumstances will terminate access to the “Comments” feature of the Site by users who infringe the copyrights of third parties. If you believe that the copyright in your work has been infringed on the Site, please provide written notice of your claim of copyright infringement to CalorieCap’s Copyright Agent as provided in CalorieCap’s Privacy Policy and DMCA Notice, in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512:

13. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY.
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CalorieCap, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
b. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMLPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CalorieCap SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
d. IN NO EVENT WILL CalorieCap, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.