Food-Port

Terms of Use

We have recently updated our terms of use. If you have not done so in a while, you may wish to glance at them again. We modified the terms to be in plain English and in such a way as to possibly avoid a lawyer having to explain them to you. The Terms of Use as posted here exclude the terms as they apply to the merchant. Merchants are bound by separate terms which they will find within their application software and the written Agreement which they have executed.

We feel that these terms are fair to eat2go and all other parties. If you feel uncomfortable with anything within this document, don't use the site. If you have a question regarding these terms of use, you may also wish to drop a line to legal@eat2go.net, and an attorney or a legal representative will get back to you with an answer.

Welcome to eat2go Food-Port, an Athyron web site. By using the site, you agree to follow and be bound by the following terms and conditions concerning your use of the site. We may revise the Terms of Use at any time without notice to you.

1. Use of Web Site Information
Your use of the eat2go Food-Port web site constitutes your acceptance of these Terms and this Agreement. You have to be of legal age in order to use this site. If you are not deemed to be of legal age, you do not have the right to use it; such use would constitute breach of this Agreement, and violate other local and Federal laws outside this Agreement. You may use, view, and print documents and graphics from the site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express written authorization of Athyron.

2. Use of Software
Although you may use this site and the accompanying software that operates it, all rights, title and interest not expressly granted are reserved. All responsibilities of Athyron are limited to and bound to the terms of this agreement specifically between the parties thereto excluding any third parties, for any reason, including tort and/or fraud.

3. Use of Public Communication
You agree not to transmit by any means and through any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the site to use or join or become members of any commercial online or offline service or other organization.

By transmitting or submitting any content to Athyron, you automatically grant (or warrant that the owner of such rights has expressly granted) Athyron a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. Also, by providing your email address to eat2go, you agree to receive, from time-to-time, materials reminders and announcements from eat2go websites and domains.

4. Passwords and Security
eat2go and the developers of the site are using standards which are commonly used and in some cases exceed industry standards as far as protecting your sensitive financial data. Several digital certificates are used for different purposes which encrypt sensitive and other financial information. Please note that not all information is subject to this type of secure transport, such as graphics, frame data, and other non-sensitive data; hence, your browser may not accurately indicate secure communication (obviously, if the entire site was subject to this type of transport, your browsing experience would be affected even if you were using broadband). You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify Athyron immediately of any unauthorized use of your password(s).

Athyron is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use
You agree that Athyron may, in its sole discretion, at any time terminate your access to the site and any account(s) you may have in connection with the site. Access to the site may be monitored by Athyron.

6. Third Party Web Sites, Content, Products and Services
The site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the site. You agree that Athyron is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Athyron is not responsible for third party content accessible through the site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party.

You agree that Athyron is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.

You agree that Athyron is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATHYRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATHYRON MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE USED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ATHYRON SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA, LOSS OF PROFITS OR ANY OTHER CONSEQUENTIAL LOSS THAT RESULTS FROM USE, DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

SHOULD DENIAL OR INTERRUPTION OF SERVICE OCCUR AS A RESULT OF A CYBER-ATTACK, VIRUSES, MALICIOUS SCRIPTS, ACTS OF NATURE, OR ANY OTHER REASONS WHAT-SO-EVER, YOU AGREE TO HOLD ATHYRON, THE HOST, THE GATEWAY, AND ALL OTHER REPRESENTATIVES AND ANY AND ALL AGENTS OF ATHYRON HARMLESS.

ATHYRON RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability
IN NO EVENT SHALL ATHYRON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SOFTWARE OR THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity
You agree to defend, indemnify and hold harmless Athyron, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the site or software.

10. Export Restrictions/Legal Compliance
You may not access, download, use or export the site, or the content, software, products or services provided on the site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Athyron in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. Neither the services of Athyron nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Applicable Laws
All matters relating to your access to, and use of, the site shall be governed by U.S. federal law or the laws of the State of Florida. Any legal action or proceeding relating to your access to, or use of, the site shall be instituted in a state or federal court in Miami or Dade County, Florida. You and Athyron agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Adventa, Adventae, Aprego, Athyron, Food-Port, SnapFood are registered trademarks of Athyron Corporation. Other names appearing on the site may be trademarks of their respective owners. eat2go, eat2go.net, eat2go.com are registered trademarks of Teller.

If you have any questions regarding these Terms of Use, please contact Athyron at webmaster@athyron.com or legal@eat2go.net.