Privacy Policy

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our websites, emails, and mobile applications ("Site"). The terms "we", "us", and "Ask Foody" refer to Solden Services Inc., a Delaware corporation. When you use the Site, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

Table of Contents

  1. Information We Collect and How We Use It
  2. Cookies
  3. Third Parties
  4. Controlling Your Personal Data
  5. Data Retention and Account Termination
  6. Children
  7. Security
  8. Dispute Resolution
  9. TRUSTe
  10. Jurisdiction
  11. Modifications To This Privacy Policy

1. Information We Collect and How We Use It

We may store the information you submit to or through the Site, as well as information we collect in connection with your use of the Site.

We use the information to fulfill your requests, provide the Site’s functionality, improve the Site’s quality, personalize your experience, track usage of the Site, provide feedback to businesses that are listed on the Site, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Site, and comply with legal obligations.

Among the information we collect, please note:

  1. Account Information: If you create an account on Ask Foody, we may store and use your full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. Your first name and last initial, as well as any photo you submit through the registration process, will be publicly displayed as part of your account profile.
  2. Public Content: The information that you post to the Site is intended for public consumption, including your reviews, tips, photos, check-ins, comments, likes, Talk posts, bookmarks, friends, lists, compliments, and account profile. We may display this information on the Site, share it with businesses, and further distribute it to a wider audience through third party sites and services.
  3. Contacts: You can invite your friends to join the Site by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Site, we may transmit your friend’s contact information to Ask Foody long enough to process your requests.
  4. Communications: When you sign up for an account, you are opting in to receive emails from other Ask Foody users, businesses, and Ask Foody itself. If you exchange messages with others through the Site, we may store them in order to process and deliver them, allow you to manage them, and investigate possible wrongdoing in connection with the Site. If you send information from the Site to your phone via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Carriers may charge recipients for texts that they receive.
  5. Transactional Information: If you make reservations or purchases through the Site, we may collect and store certain information about you to process your requests and populate forms for future transactions, such as your phone number, address, email, and credit card information. This information may be shared with third parties who help process and fulfill your requests. When you submit credit card numbers, we encrypt that information using industry standard technology. If you write reviews about businesses with which you transact through the Site, we may publicly display the fact that you transacted with those businesses.
  6. Site Activity: We may store information about your use of the Site, such as your search activity, the pages you view, the date and time of your visit, and the businesses you call using our mobile applications. We also may store information that your computer or mobile device provides to us in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

2. Cookies

We, and third parties with whom we partner, may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), and similar technology in connection with your use of the Site and third party websites ("Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

Types of Cookies used on the Site include:

Category of Use Explanation
Processes Intended to make the Site work in the way you expect it to. For example, we use a Cookie that tells us whether you have already signed up for an account.
Authentication, Security, and Compliance Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in.
Preferences Intended to remember information about how you prefer the site to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.
Notifications Intended to allow notice of information or options that we think could improve your use of the site. For example, we use a Cookie that allows us to stop showing you the signup notification if you have already seen it.
Advertising Intended to make advertising more relevant to users and more valuable to advertisers. For example, we use a Cookie that tells us if you have recently clicked on an ad.
Analytics Intended to help us understand how visitors use the Site. For example, we use a Cookie that tells us how our search suggestions correlate to your interaction with the search page.

Managing Cookies:

It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect your ability to use the Site. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.

3. Third Parties

We may share information about you with third parties as follows:

  1. Advertisers: We may allow third parties to use Cookies on the Site to collect the same type of information for the same purposes as Ask Foody does for itself. They may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Aperture, Digital Advertising Alliance and PrivacyChoice. Please note that opting out does not prevent the display of advertisements to you.
  2. Service Providers: Some of the services that are offered through the Site, such as dinner reservations and food delivery, may be provided by third-party providers. We also outsource some of Ask Foody’s functions to third-party providers, such as technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.
  3. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
  4. Business Transfers: We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Ask Foody or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
  5. Businesses on Ask Foody: We may share information from or about you (such as your age and gender) and your use of the Site (such as which businesses you bookmark or call) with businesses on Ask Foody. You may adjust your settings to increase or decrease the amount of information we share.
  6. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
  7. Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
  8. Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a Ask Foody account. You can also connect your Ask Foody account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.

4. Controlling Your Personal Data

Other users may be able to identify you, or associate you with your account if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site. Users can also use the Member Search feature to find one another based on their names or email addresses.

Please also note that the messages you send or receive using the Site are only private to the extent that both you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your messages publicly posts it or its contents. Similarly, Ask Foody may also access such messages in the course of investigations relating to Site use.

5. Data Retention and Account Termination

We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. Please note that businesses cannot remove their business listings, ratings or reviews by closing their accounts.

6. Children

The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

7. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

8. Dispute Resolution

If you believe that Ask Foody has not adhered to this Privacy Policy or write to us at the following address:

Solden Services Inc.
16475 Bordeaux Drive
Reno, NV 89511

9. TRUSTe

We have been awarded TRUSTe's Privacy Seal signifying that this Privacy Policy and our privacy practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements, including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. TRUSTe's Privacy Seal covers the U.S. version of the website only.

10. Jurisdiction

The information we obtain from or about you may be processed and stored in the United States, which may provide for different data protection rules than the country in which you reside. We comply with the EU & Swiss Safe Harbor Privacy Frameworks as set forth by the United States Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. We will respond to requests relating to personal data within 30 days. To learn more about the Safe Harbor program, and to view our certification, please visit http://export.gov/safeharbor.

11. Modifications to This Privacy Policy

We may revise this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.

Terms of Service

These terms and conditions (the "Terms") govern your access to and use of Ask Foody's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Solden Services Inc., a Delaware corporation headquartered in San Francisco, California ("Ask Foody"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

  1. Definitions

    1. Parties

      "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Ask Foody.

    2. Content

      "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Ask Foody Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Ask Foody or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Ask Foody Content.

  2. Changes to the Terms of Service

    We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  3. Translation

    We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Ask Foody, and any inconsistencies among the different versions will be resolved in favor of the English version.

  4. Using the Site

    1. Eligibility

      To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

    2. Permission to Use the Site

      We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    3. Site Availability

      The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    4. User Accounts

      You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

      Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Ask Foody.

    5. Communications from Ask Foody and other Users

      By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood.

  5. Content

    1. Responsibility for Your Content

      You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Ask Foody.

      You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    2. Our Right to Use Your Content

      We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Ask Foody and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

    3. Ownership

      As between you and Ask Foody, you own Your Content. We own the Ask Foody Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Ask Foody Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Ask Foody Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Ask Foody Content are retained by us.

    4. Advertising

      Ask Foody and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    5. Content Feeds

      We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Ask Foody's websites, and attributes Ask Foody as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Ask Foody promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Ask Foody's systems. Ask Foody reserves all rights in the Feed Content and may terminate the Feeds at any time.

    6. Other

      User Content (including any that may have been created by users employed or contracted by Ask Foody) does not necessarily reflect the opinion of Ask Foody. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

  6. Restrictions

    We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

    1. You agree not to, and will not assist, encourage, or enable others to use the Site to:

      1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
      3. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Ask Foody;
      4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
      5. Solicit personal information from minors, or submit or transmit pornography; or
      6. Violate any applicable law.

    2. You also agree not to, and will not assist, encourage, or enable others to:

      1. Violate the Terms;
      2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Ask Foody;
      3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
      4. Reverse engineer any portion of the Site;
      5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
      6. Record, process, or mine information about other users;
      7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
      8. Reformat or frame any portion of the Site;
      9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Ask Foody's technology infrastructure or otherwise make excessive traffic demands of the Site;
      10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
      11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
      12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
      13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
      14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

  7. Guidelines and Policies

    1. Privacy

      Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

  8. Ask Foody Deals and Ask Foody Advertising

    If you purchase a Ask Foody Deal or Gift Certificate, the terms of your purchase will be governed by the Ask Foody General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Ask Foody General Terms for Deals and Certificates and these Terms, the Ask Foody General Terms for Deals and Certificates will prevail.

    Similarly, if you create a business owner's account on the Site or purchase advertising from Ask Foody, the Ask Foody Advertising Agreement will apply. In the event of any conflict between the Ask Foody Advertising Agreement and these Terms, the Ask Foody Advertising Agreement will prevail.

  9. Suggestions and Improvements

    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Ask Foody and its users any claims and assertions of any moral rights contained in such Feedback.

  10. Third Parties

    The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

  11. Indemnity

    You agree to indemnify, defend, and hold Ask Foody, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Ask Foody Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ask Foody reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Ask Foody. Ask Foody will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  12. Disclaimers and Limitations of Liability

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE Ask Foody ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE Ask Foody ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE Ask Foody ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE Ask Foody ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

    2. THE Ask Foody ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE Ask Foody ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

    3. THE Ask Foody ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE Ask Foody ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

    4. 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. THE Ask Foody ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE Ask Foody ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

    6. THE Ask Foody ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

  13. Choice of Law and Venue

    California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Ask Foody (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 SAN FRANCISCO COUNTY, CALIFORNIA.

  14. Termination

    1. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

    2. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

  15. General Terms

    1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
    3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    5. Any failure on Ask Foody's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Ask Foody's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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