Privacy Policy

FoodTruckie Nation Terms and Conditions of Use and User Agreement for Trucks (Scroll below for Terms and Conditions for all users)

Welcome to the Foodie Revolution! We are happy to have you as a user and member of the community and look forward to serving you.  By using FoodTruckie Nation, you agree to follow some simple rules, including:

  1. You will actively broadcast your location:
  • activating the “Doors Up” button at least three (3) times per week;
  • only when you are able to serve customers;
  • and only through your point-of-sale (POS) system if possible, and then if not, through your cellular device (although being mindful the broadcast function follows whichever device activates FoodTruckie Nation);
  1. You will keep your contact information and menu items on FoodTruckie Nation as current as possible;
  2. You will only post and share information related to your food truck service;

If you do not accept these rules, you cannot use FoodTruckie Nation.

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Additional FoodTruckie Nation Terms and Conditions of Use and User Agreement for Trucks

  1. By Using FoodTruckie Nation, You Accept These Terms of Service

Welcome to FoodTruckie Nation! We are happy to have you as a user and member of the community and look forward to serving you. Your access to and use of FoodTruckie Nation and the associated services are conditioned upon and subject to your acceptance of this agreement and terms and conditions that follow (collectively, these “Terms of Service”). These Terms of Service apply to your use of www.FoodTruckieLA.com and the FoodTruckie Nation application for Android and iOS, including any content, functionality and services offered on or via www.FoodTruckieLA.com (the “Application”). The Terms of Service also include our Privacy Policy, which you can review here:

www.foodtruckie.net/privacy-policy/

We want to keep our relationship with you straightforward and clear, so please read these Terms of Service carefully before you start using FoodTruckie Nation. By using the Application you accept and agree to be bound and abide by these Terms of Service. If you do not accept these Terms of Service, then you cannot use FoodTruckie Nation.

  1. FoodTruckie Nation and These Terms of Service Will Change

FoodTruckie Nation is a work in progress, and we are working constantly to expand and improve its features. That means that FoodTruckie Nation will change frequently. We have the right to update and modify the Application and these Terms of Service at any time at our discretion and without notice. Your continued use of the Application following any changes to the Application and these Terms of Service means that you accept and agree to the changes.

  1. FoodTruckie Nation Cannot Guarantee Access

We work hard to keep FoodTruckie Nation running, but we cannot guarantee that FoodTruckie Nation will be available and functioning at all times without interruption. We have the right to suspend, restrict or disable your account, at any time in our sole discretion for any or no reason, including if we believe you are not complying with these Terms of Service. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. We will not be liable for any data loss.

  1. FoodTruckie Nation Cannot Guarantee Security

We use SSL encryption for logged-in users, but we cannot guarantee that all use will be secure. To access certain features of the Application you have to register by entering your email and choosing a password as part of our security procedures. It is your responsibility to treat such information as confidential. Do not disclose your username and password to any third party. We manage your personal data according to our Privacy Policy, which you can read here: www.foodtruckie.net/privacy-policy/.

  1. FoodTruckie Nation Is Protected By Intellectual Property Laws

Unless otherwise explicitly noted, the Application and its entire content, features and functionality (including its look and feel), are owned by FoodTruckie Nation and are protected by United States and international copyright, trademark and other laws relating to intellectual property. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, and republish, any of our copyrighted material, except to the extent permitted by the Application itself. If you have doubts about whether and how to use of material on the Application, please address your concerns to: info@FoodTruckieNation.com.

Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to FoodTruckie Nation that you provide us (“Feedback”) shall be owned entirely by us, not by you. To the extent necessary, you hereby assign all right, title and interest in and to any Feedback you provide to us.

  1. FoodTruckie Nation Can Do Anything With User Generated Content

Much of the information available on FoodTruckie Nation is generated or contributed by you and your fellow users.

By submitting content to FoodTruckie Nation, you grant us (and our successors and assigns) a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Application and our businesses, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Applications and feeds).

By submitting content to FoodTruckie Nation, you also grant each user of FoodTruckie Nation a non-exclusive, perpetual license to access such content through the Application, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content.

You represent that you have the right to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. In other words, do not submit content to FoodTruckie Nation unless you have the right to do so.

We have the right to monitor, remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.

We have no obligation to monitor, remove, edit or modify any content.

  1. Your Use of FoodTruckie Nation Is Subject to Restrictions

You are permitted to use the Application for your personal, non-commercial use, or for legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. You are not permitted to use or to access the Application in violation of any laws and regulations. You are not permitted to violate the Content Standards set below.

Use of the Application in any manner not permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

  1. You Must Comply With These Content Standards.

If you submit content to FoodTruckie Nation, you must comply with these standards:

Content must be lawful;

Content must be free of viruses and malware;

Content must not be confidential or attorney-client privileged.

Content must not be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Content must not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

Content must not violate the legal rights (including the rights of publicity and privacy) of others.

Content must not contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

Content must not be false, misleading or likely to deceive.

Content must not promote any illegal activity, or advocate, promote or assist any unlawful act.

Content must not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Content must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

Content must not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Content must not give the impression that it comes from any person or entity, if this is not the case.

  1. Protection against Copyright Infringement

We do not review all material before it is posted on the Application, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold FoodTruckie Nation harmless from any claims resulting from any action taken by FoodTruckie Nation during or as a result of its investigations and from any actions taken as a consequence of investigations by either FoodTruckie Nation or law enforcement authorities.

If you believe that any user generated content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient for us to contact you, such as email, address, telephone number.

A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent by email to info@FoodTruckieNation.com.

  1. Disclaimer of Warranties and Limitation of Remedies

YOUR USE OF FOODTRUCKIE NATION IS SOLELY AT YOUR RISK. FOODTRUCKIE NATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND, DIRECT, CONSEQUENTIAL, OR OTHERWISE, WHICH RESULT FROM YOUR USE OF THE APPLICATION, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) ARISING FROM YOUR VIOLATION OF ANYONE’S RIGHTS.

  1. FoodTruckie Nation Is Not Intended For People Under 13

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.” FoodTruckie Nation is not intended for users under the age of 13, and the Company does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of FoodTruckie Nation for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained by us.

  1. Fees and Payments

FoodTruckie Nation may charge you fees for products or services offered by FoodTruckie Nation and for access to portions of FoodTruckie Nation. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred (“Fees”). FoodTruckie Nation reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. If you submit your credit, debit or charge card information upon registration or otherwise, you give FoodTruckie Nation permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Company for any reason, including charge back, FoodTruckie Nation reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

  1. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

  1. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FoodTruckie Nation and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 


 

FoodTruckie Nation Terms and Conditions of Use and User Agreement (All Users)

  1. By Using FoodTruckie Nation, You Accept These Terms of Service

Welcome to FoodTruckie Nation! We are happy to have you as a user and member of the community and look forward to serving you. Your access to and use of FoodTruckie Nation and the associated services are conditioned upon and subject to your acceptance of this agreement and terms and conditions that follow (collectively, these “Terms of Service”). These Terms of Service apply to your use of www.FoodTruckieLA.com and the FoodTruckie Nation application for Android and iOS, including any content, functionality and services offered on or via www.FoodTruckieLA.com (the “Application”). The Terms of Service also include our Privacy Policy, which you can review here:

www.foodtruckie.net/privacy-policy/

We want to keep our relationship with you straightforward and clear, so please read these Terms of Service carefully before you start using FoodTruckie Nation. By using the Application you accept and agree to be bound and abide by these Terms of Service. If you do not accept these Terms of Service, then you cannot use FoodTruckie Nation.

  1. FoodTruckie Nation and These Terms of Service Will Change

FoodTruckie Nation is a work in progress, and we are working constantly to expand and improve its features. That means that FoodTruckie Nation will change frequently. We have the right to update and modify the Application and these Terms of Service at any time at our discretion and without notice. Your continued use of the Application following any changes to the Application and these Terms of Service means that you accept and agree to the changes.

  1. FoodTruckie Nation Cannot Guarantee Access

We work hard to keep FoodTruckie Nation running, but we cannot guarantee that FoodTruckie Nation will be available and functioning at all times without interruption. We have the right to suspend, restrict or disable your account, at any time in our sole discretion for any or no reason, including if we believe you are not complying with these Terms of Service. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. We will not be liable for any data loss.

  1. FoodTruckie Nation Cannot Guarantee Security

We use SSL encryption for logged-in users, but we cannot guarantee that all use will be secure. To access certain features of the Application you have to register by entering your email and choosing a password as part of our security procedures. It is your responsibility to treat such information as confidential. Do not disclose your username and password to any third party. We manage your personal data according to our Privacy Policy, which you can read here: https://www.foodtruckie.net/privacy-policy/.

  1. FoodTruckie Nation Is Protected By Intellectual Property Laws

Unless otherwise explicitly noted, the Application and its entire content, features and functionality (including its look and feel), are owned by FoodTruckie Nation and are protected by United States and international copyright, trademark and other laws relating to intellectual property. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, and republish, any of our copyrighted material, except to the extent permitted by the Application itself. If you have doubts about whether and how to use of material on the Application, please address your concerns to: info@FoodTruckieNation.com.

Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to FoodTruckie Nation that you provide us (“Feedback”) shall be owned entirely by us, not by you. To the extent necessary, you hereby assign all right, title and interest in and to any Feedback you provide to us.

  1. FoodTruckie Nation Can Do Anything With User Generated Content

Much of the information available on FoodTruckie Nation is generated or contributed by you and your fellow users.

By submitting content to FoodTruckie Nation, you grant us (and our successors and assigns) a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Application and our businesses, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Applications and feeds).

By submitting content to FoodTruckie Nation, you also grant each user of FoodTruckie Nation a non-exclusive, perpetual license to access such content through the Application, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content.

You represent that you have the right to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. In other words, do not submit content to FoodTruckie Nation unless you have the right to do so.

We have the right to monitor, remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.

We have no obligation to monitor, remove, edit or modify any content.

  1. Your Use of FoodTruckie Nation Is Subject to Restrictions

You are permitted to use the Application for your personal, non-commercial use, or for legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. You are not permitted to use or to access the Application in violation of any laws and regulations. You are not permitted to violate the Content Standards set below.

Use of the Application in any manner not permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

  1. You Must Comply With These Content Standards.

If you submit content to FoodTruckie Nation, you must comply with these standards:

Content must be lawful;

Content must be free of viruses and malware;

Content must not be confidential or attorney-client privileged.

Content must not be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Content must not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

Content must not violate the legal rights (including the rights of publicity and privacy) of others.

Content must not contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

Content must not be false, misleading or likely to deceive.

Content must not promote any illegal activity, or advocate, promote or assist any unlawful act.

Content must not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Content must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

Content must not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Content must not give the impression that it comes from any person or entity, if this is not the case.

  1. Protection against Copyright Infringement

We do not review all material before it is posted on the Application, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold FoodTruckie Nation harmless from any claims resulting from any action taken by FoodTruckie Nation during or as a result of its investigations and from any actions taken as a consequence of investigations by either FoodTruckie Nation or law enforcement authorities.

If you believe that any user generated content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient for us to contact you, such as email, address, telephone number.

A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent by email to info@FoodTruckieNation.com.

  1. Disclaimer of Warranties and Limitation of Remedies

YOUR USE OF FOODTRUCKIE NATION IS SOLELY AT YOUR RISK. FOODTRUCKIE NATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND, DIRECT, CONSEQUENTIAL, OR OTHERWISE, WHICH RESULT FROM YOUR USE OF THE APPLICATION, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) ARISING FROM YOUR VIOLATION OF ANYONE’S RIGHTS.

  1. FoodTruckie Nation Is Not Intended For People Under 13

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.” FoodTruckie Nation is not intended for users under the age of 13, and the Company does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of FoodTruckie Nation for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained by us.

  1. Fees and Payments

FoodTruckie Nation may charge you fees for products or services offered by FoodTruckie Nation and for access to portions of FoodTruckie Nation. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred (“Fees”). FoodTruckie Nation reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. If you submit your credit, debit or charge card information upon registration or otherwise, you give FoodTruckie Nation permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Company for any reason, including charge back, FoodTruckie Nation reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

  1. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

  1. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FoodTruckie Nation and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.