eateria™ TERMS AND CONDITIONS OF USE
Through the eateria email platform, Dining Dialog Inc. ("eateria") provides web site operators a variety of tools and resources to store contacts, collect information from contacts via forms and surveys and to create, launch, and manage online and mobile marketing campaigns (the “Services”).
The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to eateria, you accept these terms and conditions.
Acknowledgements, Services and Support. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- The Services may not be used for the sending of unsolicited email (sometimes called "spam").
- The Services may only be used for lawful purposes.
- Your use of the Services will be subject to monthly subscription fees ("Paid Services") once you have completed your free trial period or have exceeded the free contact limit.
- Eateria will not use your customer list/contact list or any other customer information for any other purposes than those intended with the Service.
- You agree to import, access or otherwise use only permission-based lists in connection with your use of the Services.
- Every email message sent in connection with the Services must contain the Eateria "unsubscribe" link that allows contacts to remove themselves from your mailing list.
- You agree to process any other unsubscribe requests within a 10 day timeframe.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
- Some parts of the Services will be subject to monthly subscription fees ("Paid Services"). In that case, payment for the Services is billed in advance of the month of service according to the Fee Schedule provided to you by Eateria. The Fee Schedule, including contact levels and prices, are subject to change at any time.
- You must complete the signup form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify a username and password for your EATERIA account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Eateria reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- In the case of the Services, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize Eateria to charge your credit card for such amounts on a monthly basis; generally on the first day of each month. Fees are payable in US dollars. If Eateria is for any reason unable to receive an automatic payment via your credit card, you will be notified via email and your EATERIA account may be disabled and/or the your ability to use the Services suspended, until payment is received. Monthly pricing will vary based upon contact count; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Eateria .
- You acknowledge that from time to time email delivery of email messages may be blocked or prevented at the destination mail servers sent through EATERIA. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through EATERIA, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your EATERIA account.
- Restrictions and Responsibilities
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services or the Eateria software ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only (civic or charitable) and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- You acknowledge and agree that the Software and the Eateria company names and logos and all related product and service names, design marks and slogans, are the property of Eateria or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Eateria . Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks, except as explicitly granted herein. All ownership rights remain in Eateria or its third party suppliers, as the case may be.
- You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Eateria against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Eateria has no obligation to monitor the content provided by you or your use of the Services, Eateria may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- Every email message sent in connection with the Services automatically includes and must always contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Eateria if you have questions). You cannot mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Services. Eateria , at its own discretion, may immediately disable your access to the Services without refund if Eateria believes in its sole discretion that you have violated any of the restrictions listed above.
- The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in any jurisdiction or your local area is prohibited. This may include laws prohibiting the transmission or storage of material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.
- f. If enabling another 3rd party analytics tracking, you agree not to tag URLs within messages with personally identifiable information.
- For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by EATERIA" or a similar message unless you are paying to have this footer removed. You agree to cooperate with and provide reasonable assistance to Eateria in promoting and advertising the Services.
- In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Eateria . Eateria may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you subscribed to the Services as a result of solicitation by a marketing partner of Eateria , Eateria may share your information with the marketing partner. Eateria will not provide your personal information to companies without your permission, and Eateria will not permit the companies that get such information to sell and redistribute it without your prior consent.
- Eateria will not use your customer list or any other customer information for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties. In addition, Eateria will not use your customer information for the purpose of sending unsolicited commercial e-mail. You are encouraged to maintain your own copy of your customer list and upon termination of this Agreement, Eateria will have the right to delete or destroy such customer list and will not be obligated to return or provide a copy of such list to you unless otherwise agreed by Eateria in writing.
- In the case of a custom quote, your ability to terminate this agreement is subject to the termination dates outlined in the custom quote. If not otherwise specified, you may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org or by sending written notice to Eateria 1260 Iroquois Ave., Suite 202 Naperville IL 60563. In all events, all fees paid to use the Services are nonrefundable in the event you terminate your use of the Services.
- Eateria may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Eateria shall have no liability to you or any third party because of such termination.
- Eateria will delete any of your archived data within thirty (30) days after the date of termination of this Agreement. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
- Subscription cancellations can be processed by sending an email to email@example.com. Subscription cancellations must be submitted 5 business days prior to the end of the subscription term.
Warranty Disclaimer; Remedies USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Eateria DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Eateria DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Eateria DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR Eateria TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Eateria OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Eateria ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Eateria SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Eateria IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Eateria TO YOU WILL BE LIMITED TO THE MOST RECENT MONTHLY AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Prohibited Content and Commerce Section
Eateria prohibits the use of the Services by any person or entity that engages in any of the following:
- Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
- Displays material that exploits children, or otherwise exploits children under 18 years of age
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceutical products, nutritional supplements, herbal supplements, vitamin supplements, work at home businesses, credit or finance management, mortgage and debt relief offers.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
- Markets or promotes any form of online gambling
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner
Eateria reserves the right to terminate this Agreement or prohibit the use of the Services by any person or entity if Eateria, believes in its sole discretion, that use of the Services by such person or entity may violate any federal, state or local, law, rule or regulation or the terms of this Agreement.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Eateria and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Eateria in any respect whatsoever.
- In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
- This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois applicable to agreements made and to be performed in said State, without regard to choice of law provisions. Any dispute or claim arising out of, or in connection with, this Agreement will be finally settled by binding arbitration in Dupage County, Illinois in accordance with current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator will apply the law of the State of Illinois, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, the arbitrator will have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then: (i) any dispute with respect to this Agreement will be brought and heard either in the Illinois state courts located in 505 North County Farm Road, Wheaton, IL 60187; and (ii) the parties to this Agreement each consent to the in person am jurisdiction and venue of such courts.
Maintaining the privacy of your information is important to us. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at firstname.lastname@example.org
Information Collection and Use
eateria explicitly asks when we need information that personally identifies you (“Personal Information”). Your personal information is used to create your personal access to our email marketing product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identity and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by eateria may be used to tailor this web site or any requested email communications, and to display information that is more relevant to you. eateria also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will eateria make any personal information about an individual user available to anyone.
Your email address is used to only send you information regarding the use of this product. As part of your use of our email marketing software, eateria allows you to elect to receive, or not receive, certain information from eateria. eateria adheres strictly to permission-based email policy. Except as mentioned above, eateria will not send you unsolicited information not related to the use, instruction or benefits of having your email marketing account. eateria will not sell, rent, or loan our contact lists or our customer’s contact lists (including customer data) to any outside firms nor will eateria use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.
Contact Lists, Campaign Content and Campaign Reports
eateria ensures that all contact lists, email content and reports remain private and confidential. eateria may scan the content of your campaigns to protect against defamatory, inaccurate, abusive, obscene, profane, or threatening material that is racially or ethnically offensive. eateria will not sell, rent, loan or invite external access to a customer’s contact lists. Nor will eateria themselves use customer’s contact lists for any purpose.
Communications from the Site
Special Offers and Updates
We send all new users a welcoming email to verify their new account and confirm their password and username. Established users will occasionally receive information on products, services, special deals, and educational know-how information. Out of respect for the privacy of our users we present the option to not receive these types of communications. Customers can unsubscribe via the unsubscribe mechanism at the bottom of each email.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
Website Usage Information
We use your IP address to help diagnose problems with our server, and to administer our Web site. We do not link your IP address to any personally identifiable information. We use tracking information to determine which areas our site users visit based on traffic to those areas. eateria does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.
eateria has made a substantial investment in the latest server, database, backup and firewall technologies to protect our information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is never accessible to anyone outside eateria. We will maintain safeguards to protect the security of these servers and your personally identifiable information.
Contacting eateria about Privacy
If you have any questions about our privacy statement, the information we have collected from you online, the practices of this site, or your dealings with this web site, please contact us:
eateria/ Dining Dialog
1260 Iroquois Ave., Suite 202
Naperville IL 60563
Toll Free Phone: 888.424.9666
EATERIA NO SPAM POLICY
eateria has a no tolerance spam policy. Eateria's customer support actively monitors large import lists and emails going to a large number of contacts. Any customer found to be using Eateria for spam will be immediately barred from use of the website, products and services. If you know of or suspect any violators, please notify us immediately at email@example.com Every email contains a mandatory unsubscribe link. If the link is removed or de-activated in any way, Eateria will terminate the customer's account.
What is Spam?
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.
What constitutes a Preexisting business relationship?
The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
What constitutes consent?
The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.
Isn't there a law against sending Spam?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
How Eateria protects you from sending spam
Eateria is a permission-based email-marketing tool that follows the strictest permission-based regulations:
- Verification - Eateria automatically sends all of your new contacts an email confirming their interest in receiving emails from you. Additionally, if your contact changes his or her interests or unsubscribes, Eateria automatically sends an email confirmation.
- Unsubscribe - Every email generated from Eateria contains an unsubscribe link which allows your contacts to opt-out of future emails and automatically updates your contact lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
- Identification - Your email header information is correct because it is pre-set for you by Eateria. Your email's "From" address is verified and already accurately identifies you as the sender.
- Contact Information - all of your emails are pre-filled with your contact information including your physical address.
How to protect yourself from Spam: Take the Spam Test
- Are you importing a purchased list of ANY kind?
- Are you sending to non-specific addresses such as: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, or other general addresses.
- Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
- Are you mailing to anyone who has not explicitly agreed to join your mailing list?
- Have you falsified your originating address or transmission path information?
- Have you used a third party email address or domain name without their permission?
- Does your email's subject line contain false or misleading information?
- Does your email fail to provide a working link to unsubscribe?
- Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request?
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact Eateria Customer Support firstname.lastname@example.org