Terms of Service
Eatery Pulse Media uses WordPress.com to host its website. WordPress.com is operated by Automattic and the following terms and conditions (“Terms”) govern all use of the WordPress.com website and all content, services, and products available at or through the website. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Eatery Pulse Media, acceptance is expressly limited to these Terms.
Responsibility of Contributors.
Eatery Pulse Media operates this website and allows others to comment on a blog, post material to WordPress.com, post links on WordPress.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), and is entirely responsible for the content of this blog and abiding by a code of conduct. Some content submitted to Eatery Pulse Media by contributors and other persons may be reviewed in accordance with this code or its own internal policies and may be rejected or may be deemed ineligible to be displayed on our website. We reserve the right to maintain the content of our site in compliance with our own policies and editorial policy.
Automattic and Eatery Pulse Media reserves the right to display advertisements on this website. Automattic reserves the right to display attribution text or links in this site’s footer or toolbar, attributing WordPress.com or the theme author, for example.
Jetpack and Analytics.
This website may be scanned and Jetpack and WordPress.com may compile aggregated/anonymized statistics for our internal use to optimize Jetpack’s performance. We may request Google and G-Suite to also compile aggregated/anonymized statistics for our internal use.
We may use third party services, such Stripe or PayPal to collect payment, These services have their own privacy and data collection policies in place. We may also use third party services, such as shipping labels by EasyPost. Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We do not warrant any third party services or guarantee any benefit derived from them.
Responsibility of Visitors.
Eatery Pulse Media has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Eatery Pulse Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Eatery Pulse Media disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites or Eatery Pulse content you find on other websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our site links, and that link to our website. Eatery Pulse Media does not have any control over those other websites, and is not responsible for their contents or their use. By linking to a non-WordPress.com website, Automattic does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Automattic disclaims any responsibility for any harm resulting from your use of non-WordPress.com websites and webpages.
Third Party Services.
We may use third-party services to operate Eatery Pulse Media websites. We currently use a third service, called WordPress.com to host our web content. We use PayPal to collect monies for paid services and paid content; however most content that is not otherwise labeled, is free to users. Automattic and WordPress.com use services, such as JetPack and comScore to operate this site and maintain web statistics.
We retain the rights for our own intellectual property. This Agreement does not transfer from us to you any Eatery Pulse Media or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Eatery Pulse. Eatery Pulse News, Eatery Pulse Media and Swizzle Chill and their logos, and all other trademarks, service marks, graphics and logos used in connection with our WordPress.com site or our Services, are trademarks or registered trademarks of Eatery Pulse Media and its parent. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Eatery Pulse Media or third-party trademarks.
We are constantly updating our Services, please review the terms of service regularly for any changes. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Eatery Pulse Media or the host (Automattic) may terminate access to this website at any time. There is no guarantee that the use of this website is continuous or will be in perpetuity.
Disclaimer of Warranties.
Our Services are provided “as is.” Eatery Pulse Media, the host (Automattic) and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither, Eatery Pulse Media, the host (Automattic) nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, and any provisions and agreements pertaining to Eatery Pulse Media covered by the state of Maryland, U.S.A., this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability.
In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Eatery Pulse Media under this Agreement during the twelve (12) month period prior to the cause of action. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
We abide by a code of ethics and code of conduct with our host, Automattic.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions.
You agree to indemnify and hold harmless Eatery Pulse Media, the website host (Automattic), its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Eatery Pulse Media, its website host (Automattic) and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Eatery Pulse Media of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.