TERMS AND CONDITIONS
These terms and conditions apply to any transaction that occurs on or through the Website.
Parties. The Website is solely owned and operated by CheapAssFood.com. Throughout this document, we use the pronouns 'us', 'we', 'our' and other similar pronouns, as well as ‘the Website,’ to refer to or reference CheapAssFood.com.
Copyright, Trademarks. The content, layout, design, graphics, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the site. The posting of materials the site by us does not constitute a waiver of any rights in such information and materials. Other product and company names on the site are the trademarks and servicemarks of their respective owners.
Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit, modify, add to, or delete any documents, information, or other content appearing on the site.
Intellectual Property Ownership and Your Content. You represent and warrant that you have all necessary rights to post your Content on the Website for use on the Website and that you own, control or have the licenses, consents and permission to use the Content, materials and intellectual property therein. Further, your Content: (a) does not violate any law or regulation; (b) does not infringe in any manner any rights of any third party; (c) does not breach any duty toward or rights of any person or entity, including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) does not contain material or information constituting libel, slander or defamation, or that is obscene or threatening or otherwise invades the rights of any third party; and (e) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information.
Indemnification. You agree to indemnify and hold us and our employees, agents, artists, directors, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of any term or any condition of this Agreement or your use of the Website.
Nontransferable. Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer. THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. You acknowledge and agree that use of the internet or any site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Links To Other Web Sites. The site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on site does not imply approval or endorsement of the linked web site by us. If you decide to leave the site and access these third party sites, you do so at your own risk.
Submissions. All remarks, ideas, graphics or other information submitted by you to us will forever become the property of the Website. Your post or submission on this Website becomes the property of this Website and the owners of this Website. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting other sites, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit, and that you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand that you are responsible for libel, slander or any other tort, for anything you post on our site, and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at any time through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of the site, we in our sole discretion, may terminate or restrict any user's access to the Website at any time and without notice.
Miscellaneous. This Agreement shall be construed in accordance with the laws of the United States of America and the State of New York (without regard to conflict of law principles). Upon receipt of a valid notification of alleged copyright infringement by a third party, we shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
Acceptable Use Policy
You shall at all times adhere to our policies contained herein, as amended from time to time and effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, we may immediately take corrective action, including disconnection or discontinuance of any and all services, or terminate this Agreement in the event of notice of possible violation by you of the Acceptable Use Policy. In the event we take corrective action due to a violation of the Acceptable Use Policy, we shall not refund to you any fees paid in advance of such corrective action. Connectivity is provided for you only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited.
The Website may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret.