Terms of service

eat2explore, Inc.

 

Terms of Service

Last updated: June 12, 2026

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Welcome to eat2explore! These Terms of Service (“Terms” or “Agreement”) govern your access to and use of our website located at www.eat2explore.com, any related mobile applications, social media pages, and online services (collectively, the “Site”), as well as any services, features, content, subscriptions, or products offered by eat2explore through the Site (collectively, the “Service”). By accessing or using the Site or the Service, or by purchasing any products or subscriptions from eat2explore, you agree to be bound by these Terms.

Please review our Privacy Policy, which is incorporated into and forms part of these Terms. The Privacy Policy describes how we collect, use, disclose, retain, transfer, and otherwise process personal information and describes available privacy choices and rights.

1.     Acceptance of Terms

The Site is owned and operated by eat2explore, Inc. (“eat2explore,” “we,” or “us”) and is accessed by you under these Terms. Please read these Terms carefully before using the Site or the Service. By accessing the Site or using any part of the Site or the Service, you agree to become bound by these Terms. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use the Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

By creating an account with us, you consent to receive electronic communications from us via email or by posting notices on the Site. These communications may include information about your account, such as delivery dates, payment authorizations, password changes and other transactional information, and are part of your relationship with us. In addition, we may send you promotional communications via email, such as promotional information, newsletters, special offers, surveys and other news and information that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein; however, you will still receive electronic communications from us about your account and any other administrative notifications.

Privacy, Tracking Technologies, and Data Practices. Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into and forms part of these Terms.

As described in the Privacy Policy, eat2explore and its service providers may use cookies, pixels, tags, SDKs, APIs, analytics tools, attribution technologies, advertising technologies, session technologies, and similar technologies to operate, maintain, secure, analyze, personalize, improve, and market the Services.

Such technologies may collect information relating to use of the Services, including device information, browser information, IP address, interactions with content and products, referral sources, account activity, transaction information, and similar usage data, all as further described in the Privacy Policy.

Where required by applicable law, eat2explore will obtain consent for optional tracking technologies through applicable consent tools or settings.

Users may manage certain tracking preferences through browser settings, available cookie preference interfaces, applicable third-party opt-out mechanisms, and privacy rights request processes described in the Privacy Policy.

Your decision to limit optional tracking technologies may affect personalized features or functionality but generally will not prevent access to core Services.

Except where prohibited by applicable law, your use of the Services following presentation of applicable notices constitutes acknowledgment of the data practices described in the Privacy Policy.

2.     Modifications of these Terms

We may revise these Terms from time to time, and the most current version will be available on the Site. If the revisions, in our sole discretion, are considered material change we may attempt to notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modification, and you agree to be bound by such modifications or revisions. Use of the Site or the Service after any such modification or revision constitutes your acceptance of the terms and conditions of these Terms as so modified or revised.

3.     Description of Products and Services

eat2explore offers experiential cooking and cultural discovery Products designed for families, adults, and individuals. Products may include:

       All Cooking Products

       Single-purchase boxes

       Bundled or promotional Products

       Gift subscriptions

       Recurring subscription plans

       Digital educational content

       Collectibles, including cooking tools, flag pins, aprons, binders, stickers, passports

       Spice and sauce packages

All products are collectively referred to as “Products.”

4.     Eligibility

Use of the Site and the Service, and the registration and creation of an eat2explore account, is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 18 years old, do not attempt to register or use the Site or the Service.

5.     Terms of Sale

Explorer boxes. We offer different packages for our explorer boxes (each, a “Product”). For more information about the Products we offer, please visit the Site.

WHEN YOU ORDER THE PRODUCTS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EAT2EXPLORE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR ORDER (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES).

Furthermore, by providing a credit card or other payment card, you represent and warrant that you are authorized to use that payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You may change or update your payment method at any time by logging into your account and editing that information.

Cancellation Policy.  YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE STEPS FOR CANCELLATION; HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT ANY ORDER IDENTIFIED AS “ORDER PROCESSED” OR “SHIPPED” ON YOUR ACCOUNT PAGE, HAS ALREADY BEEN PROCESSED AND CANNOT BE CANCELLED.  YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR ORDER.

Taxes. You acknowledge and agree that we will collect applicable sales tax on Products shipped to states where we have determined that we have a duty to collect sales tax. Furthermore, you agree that the amount of taxes shown at checkout may be adjusted as required in our sole discretion.

Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase; provided, however, that we reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time prior to completion of your purchase. We generally ship our Products via a third party courier, and any shipping times and dates are estimates only and actual delivery dates or times may vary. Except where otherwise required by applicable law, title to and risk of loss of Products passes upon delivery to the third-party carrier.

No Resale. You are not permitted to resell the Products to any third parties or to otherwise use the Products for commercial purposes.

6.     Subscription, Automatic Renewal, and Billing Terms

eat2explore offers subscription-based purchasing options (“Subscriptions”) for certain Products. These Subscriptions may include month-to-month automatically renewing plans, prepaid multi-month subscription terms such as three-month, six-month, or twelve-month plans, promotional subscription offerings, and gift subscriptions purchased for third parties. Subscription details, including pricing, billing frequency, renewal terms, duration, and any applicable promotional conditions, are clearly disclosed at the time of purchase and form part of these Terms.

By purchasing a Subscription, you expressly acknowledge and agree that your Subscription will automatically renew at the end of each applicable billing cycle unless canceled prior to the renewal date. You authorize eat2explore and its third-party payment processors to automatically charge your designated payment method for all recurring subscription fees, including applicable taxes, shipping charges, and any price adjustments in effect at the time of renewal. You further acknowledge that renewal charges will be billed at the then-current subscription price, and that your authorization for recurring billing will remain in effect until you cancel your Subscription or it is otherwise terminated in accordance with these Terms.

Prepaid subscription plans are billed in full at the time of purchase and provide access to Products for a specified term. Where expressly disclosed at the time of purchase, prepaid subscriptions may convert to recurring subscriptions upon completion of the prepaid term unless canceled prior to renewal. Prepaid subscriptions are non-refundable once the subscription term has commenced and may not be canceled for a prorated refund except where required by applicable law.

Gift subscriptions are non-renewing subscriptions purchased for a defined term and will automatically expire at the conclusion of the purchased subscription period. Gift subscriptions do not automatically renew, are not redeemable for cash value, and are non-refundable once activated, except where required by law.

You may cancel, pause, or modify your Subscription at any time by logging into your customer account and accessing the subscription management portal provided through eat2explore’s third-party subscription platform. eat2explore provides a simple, cost-effective, and easy-to-use online cancellation mechanism through the customer account portal, allowing customers to cancel, pause, or modify their Subscriptions at any time without requiring contact with customer service. Customers may also request assistance with cancellation by contacting eat2explore at contact@eat2explore.com. To avoid renewal charges, cancellations must be completed prior to the applicable billing cutoff date. If cancellation occurs after a billing cycle has begun, the cancellation will take effect at the end of the current billing period. Orders that have already been processed, prepared, or shipped cannot be canceled.

Where required by applicable law, eat2explore may provide advance notice of upcoming subscription renewals via email or other electronic communications. You are responsible for maintaining accurate contact information associated with your account, and failure to receive renewal notifications due to outdated contact details, technical issues, or email filtering does not invalidate renewal charges.

You agree to maintain valid and current payment information for your Subscription. If a payment method is declined or cannot be processed, eat2explore may attempt to reprocess the payment, suspend shipment of Products, or cancel your Subscription after providing reasonable notice. You remain responsible for any outstanding balances incurred prior to cancellation.

These Subscription Terms are intended to comply with applicable automatic renewal and consumer protection laws, including, without limitation, California Business and Professions Code §17600 et seq. If any provision of this section is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be interpreted and enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

7.     Pricing and Product Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are in addition to such prices. You acknowledge and agree that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. Furthermore, we reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that we will not change prices for Products already purchased and provided that if we change prices for your Order we will give you advance notice of such changes. The shipment of explorer box to you after we have provided notice of a change in the price of your Order will confirm your acceptance of such changes, unless you cancel your Order prior to such shipment. You acknowledge and agree that we will not be able to notify you in advance of any changes to applicable taxes.

You further acknowledge and agree that all of our Products are subject to availability and that we may be required to make substitutions from time to time. We further reserve the right to impose quantity limits on any Order, to reject all or part of an Order or to discontinue offering certain Products without prior notice.

8.     Deliveries and Delivery Considerations

Upon receipt of a delivery, you are solely responsible for inspecting all Products for damage or other issues and for determining the freshness of those Products. Furthermore, it is your responsibility to confirm that the Products arrive in good condition.

You acknowledge and agree that, generally, if you are not at home when your delivery arrives, the delivery company will leave the package for you at your door. Furthermore, any individual at the delivery address who accepts a delivery is presumed to be authorized to receive such delivery. In the event that we are unable to deliver your Order due to circumstances beyond our control, such as inclement weather, we will deliver the Order as soon as reasonably practical; provided, however, that if timely delivery of the Products becomes impossible we reserve the right to cancel your Order and issue you a credit or refund for that Order.

Products are designed to be shelf-stable unless otherwise expressly indicated on the Product packaging or accompanying documentation. You are responsible for promptly retrieving deliveries upon arrival and for storing all Products in accordance with any instructions provided.

eat2explore shall not be responsible for any spoilage, damage, loss of quality, or food safety issues resulting from circumstances occurring after delivery to the shipping carrier or delivery location, including but not limited to delayed retrieval, exposure to temperature fluctuations, improper storage, or environmental conditions beyond our control.

Notwithstanding the foregoing, if you believe that a Product arrived damaged, compromised, or unsuitable for use due to shipping conditions, you must notify eat2explore within seven (7) days of delivery and provide reasonable supporting documentation, such as photographs or a description of the issue. Upon verification, eat2explore may, at its sole discretion and as a customer service accommodation, offer a replacement Product, store credit, or refund. Such accommodations are provided on a case-by-case basis and shall not constitute an admission of liability or a waiver of any rights or limitations set forth in these Terms.

9.     Responsibility for Safe Handling and Preparation

You acknowledge and agree that eat2explore provides packaged cooking Products and educational materials only, and does not prepare, cook, or serve food for consumption. Accordingly, you are solely and exclusively responsible for the safe handling, storage, preparation, cooking, and consumption of all Products.

Without limitation, you agree that you are responsible for:

       Properly storing all Products in accordance with any instructions provided

       Safely handling, measuring, mixing, cooking, and preparing all ingredients

       Following all applicable food safety practices, sanitation standards, and preparation instructions

       Ensuring that any fresh ingredients or additional items you independently purchase, obtain, or substitute are safe, suitable, and properly handled

       Determining whether the Products and any prepared meals are appropriate for consumption by you and any individuals to whom you serve the Products, including consideration of allergies, dietary restrictions, medical conditions, and age-related risks

You further acknowledge that eat2explore does not supervise, monitor, or control the manner in which Products are stored, handled, prepared, or consumed after delivery, and that food safety outcomes may vary based on individual preparation methods, environmental conditions, and third-party ingredients not supplied by eat2explore.

By purchasing and using the Products, you expressly assume all risks associated with food preparation and consumption, including but not limited to risks arising from improper handling, undercooking, cross-contamination, or the use of unsafe or spoiled ingredients not provided by eat2explore.

10.  Allergen Disclosure, Cross-Contamination Risk, and Dietary Disclaimer

You acknowledge and agree that eat2explore Products contain food ingredients and may have been processed, packaged, or handled in facilities that also process common food allergens. Such allergens may include, without limitation, milk, wheat, soy, eggs, peanuts, tree nuts, fish, shellfish, sesame, and other ingredients that may cause allergic reactions in certain individuals. Accordingly, eat2explore cannot and does not guarantee that any Product is free from allergens or that cross-contamination will not occur during manufacturing, packaging, storage, or shipping.

You further acknowledge that you are solely responsible for carefully reviewing all ingredient labels, product documentation, and allergen disclosures provided with the Products, determining whether any Product is safe or appropriate for consumption by you or any individual to whom you serve the Products, and taking all necessary precautions to prevent allergic reactions.

eat2explore does not make any medical, dietary, or nutritional guarantees regarding its Products and does not warrant that any Product is allergen-free, gluten-free, vegetarian, vegan, or suitable for any specific dietary preference, medical condition, dietary restriction, or health requirement. Any dietary, ingredient, or nutritional information provided by eat2explore is for general informational and educational purposes only and is not intended to constitute medical advice, diagnosis, or treatment.

Customers with food allergies, sensitivities, dietary restrictions, or medical conditions are strongly encouraged to consult with a qualified healthcare professional prior to purchasing, preparing, or consuming any Products. By purchasing and using eat2explore Products, you expressly assume all risks associated with food allergies, sensitivities, dietary restrictions, and cross-contamination.

11.  Limitation of Liability for Food-Related Claims

To the fullest extent permitted by applicable law, eat2explore shall not be liable for any injury, illness, allergic reaction, foodborne illness, or other damages arising from or related to the consumption or use of its Products, including but not limited to risks associated with cross-contamination, improper handling, storage, preparation, or cooking, failure to follow safety instructions, or the use of additional ingredients, substitutions, or food items not supplied by eat2explore.

eat2explore makes no representations or warranties, express or implied, regarding the suitability of any Product for any particular individual, dietary need, or medical condition, nor does it warrant the safety or condition of any food once it has been prepared, stored, or handled by the customer or any third party. eat2explore further disclaims any responsibility for the condition, quality, or safety of Products after they have been delivered to the shipping carrier or to the delivery location designated by the customer.

All Products are provided on an “as-is” and “as available” basis, without warranties of any kind, whether express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such disclaimers are prohibited by law.

By purchasing, receiving, or using eat2explore Products, you acknowledge that you have read, understood, and agree to this Food Safety and Allergy Disclaimer and expressly assume all risks associated with the handling, preparation, and consumption of the Products.

12.  Returns and Refunds

If you are dissatisfied with our explorer boxes for any reason, please contact us at contact@eat2explore.com within seven (7) days of the date you received the explorer box. Upon receipt of such notification we may require you to provide documentation (e.g., photos) of any item that was unsatisfactory prior to giving any replacement or refund. In the event that we determine a replacement or refund is required, we will, at our option, either replace the explorer box, as applicable, at our expense or provide you a full or partial credit or refund for that explorer box, as applicable.

13.  Ownership and Standards of User Generated Content

The Site may contain interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Generated Content”). In the event you decide to share your User Generated Content with others through the Site or third party platforms, you understand that this User Generated Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site. We may, but are not obligated to, monitor or control User Generated Content that is posted, and we take no responsibility for such content.

Any material you upload to the Site, if applicable, will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who claims that any of the material uploaded/posted by you to the Site constitutes a violation of their intellectual property rights, or of their rights to privacy.

In using the Site or the Service, you agree not to generate or upload any User Generated Content that is (1) inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by eat2explore in its sole discretion, or (2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Generated Content will be at your own risk.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Generated Content, such as User Generated Content which violates these Terms. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of this right under these Terms. Furthermore, we do not compensate eat2explore users for any User Generated Content creation.

You understand that by using or accessing the Site or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content or any eat2explore Content posted, emailed, transmitted or otherwise made available on the Site or through the Service.

14.  Your Property Rights and the Licenses You Grant to eat2explore

Except as may be stated otherwise in these Terms or elsewhere on the Site, we claim no ownership or control over any User Generated Content. You retain any and all trademark rights and copyright to any User Generated Content that you submit, post or display on or through the Site or the Service, and you are responsible for protecting those rights.

While you own all of your own User Generated Content, you hereby grant us, and our affiliates, licensees and business partners, a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use your User Generated Content (i) in order to facilitate transactions on the Site or with respect to the Services, and (ii) in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data helps enable us to make the Site and the Service appealing to as many users as possible. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use our Site and the Service.

In connection with any of the uses listed above, you agree to release and discharge us, and our affiliates, licensees, and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim.

In granting these licenses to us, and our affiliates, licensees, and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Generated Content.

15.  eat2explore Content; Trademarks

Other than your own User Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in all content related to the Site and the Service (collectively, the “eat2explore Content”). The eat2explore Content, including the Site, is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the eat2explore Content, including the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, our Site. Other than explicitly stated herein, you may not make any commercial use of the eat2explore Content, including the Site, without our prior written approval.

Furthermore, “eat2explore” and the eat2explore logo, and any other eat2explore service names, logos or slogans that may appear on the Site or the Products, are trademarks of eat2explore and may not be copied, imitated or used, in whole or in part, without our prior written consent, which may be withheld in our sole and absolute discretion. In addition, the “look and feel” of the Site constitutes the service mark, trademark or trade dress of eat2explore and may not be copied, imitated or used, in whole or in part, without our prior written consent, which may be withheld in our sole and absolute discretion. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Site or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Furthermore, you acknowledge and agree that our reference to any Products, services or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement or sponsorship thereof.

16.  Digital Millennium Copyright Act; Procedure for Making Claims of Infringement

Eat2explore respects the legal rights of others, and asks that its users do the same. It is our policy to respond to notices of alleged copyright or other forms of intellectual property infringement provided they comply with applicable laws (most notably, the United States’ Digital Millennium Copyright Act or “DMCA”). Repeat offenders may, at our sole option, have their user accounts and/or access to the Site and the Service removed or disabled irrespective of the status of any particular notification or counter-notification. If you believe that your intellectual property rights have been infringed, please provide us written notice of such infringement to our Agent for Notices of Infringement Claims:

Name: eat2explore General Counsel
Address: 1033 Route 17M, Monroe NY 10950
Phone: 1-888-39-EATEXPL / 1-888-393-2839
Email: contact@eat2explore.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

17.  General Prohibitions and Agreements

In addition to the prohibitions set forth elsewhere herein, you agree not to do any of the following while using the Site or the Service:

·       Violate any applicable laws, third party rights, or our policies.

·       Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers.

·       Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.

·       Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided, or specifically authorized, by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator).

·       Attempt to alter or modify the Site, the eat2explore Content, or the User Generated Content of any other user, or use the Site or our Service for purposes other than which they were intended.

·       Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services.

·       Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Site or Service to send altered, deceptive or false source-identifying information.

·       Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or our Service.

·       Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.

·       Impersonate or misrepresent your affiliation with any person or entity.

·       You will not attempt to circumvent or manipulate our billing process or the fees owed to us.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting any users who violate these Terms. You acknowledge that we have the right to monitor your access to or use of the Site and our Service for operating purposes, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

18.  Links to Other Sites

The Site may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

19.  Termination

If you violate any of these Terms, your permission to use and access the Site and use the Service may be automatically terminated. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing the Site or using the Service without our prior written approval. We reserve the right to revoke your access to and use of the Site and the Service at any time, with or without cause. We also reserve the right to cease providing or to change the Site and the Service at any time and without notice.

20.  Disclaimers

Food safety, allergen, and handling risks are addressed in Sections 9, 10, and 11 of these Terms, which are incorporated herein by reference.

FURTHERMORE, WE DO NOT GUARANTEE THE ACCURACY OF THE MATERIALS AND INFORMATION REGARDING THE PRODUCTS THAT IS CONTAINED ON OUR SITE. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, PRODUCT AVAILABILITY, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, AND MANUFACTURING PROCESS OR SUPPLY. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. WE CANNOT GUARANTEE THAT A PRODUCT REFERENCED ON THE SITE WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

21.  Indemnification

You agree to indemnify and hold harmless eat2explore, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ fees and costs) arising out of or in any way relating to: (1) any breach of any of your obligations in this Agreement; (2) any intentional misconduct or negligence by you in using the Site or the Service; (3) the access to or use of the Service, the Site or any content on the Site (including without limitation, the eat2explore Content, User Generated Content, third party content and links to third party sites) or the order, receipt or use of any Products sold by us; or (4) otherwise related to these Terms (including, but not limited to, any damages caused by or resulting from your reliance on any information obtained from any eat2explore Party (as defined below), or from events beyond the eat2explore Parties’ reasonable control, such as Site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, Trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the eat2explore Parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

22.  Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE, THE SERVICE AND THE PRODUCTS AT YOUR OWN RISK AND THAT EAT2EXPLORE, INC., AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “EAT2EXPLORE PARTIES”), WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOU OR TO YOUR COMPUTER SYSTEM (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE FOREGOING. THE SITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND THE EAT2EXPLORE PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE EAT2EXPLORE PARTIES. THE EAT2EXPLORE PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.

THE EAT2EXPLORE PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE OR THE SERVICE HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE, THE SERVICE, OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE THE EAT2EXPLORE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICE AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

THE TOTAL CUMULATIVE LIABILITY OF THE EAT2EXPLORE PARTIES IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE, THE SERVICE AND/OR THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. 

23.  General Provisions

 

23.1        Governing Law and Venue. These Terms, this Agreement, and any dispute, claim, or controversy arising out of or relating to the Site, the Services, Products, subscriptions, purchases, communications, privacy practices, or any interaction between the parties (collectively, a “Dispute”) shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflict-of-laws principles.

 

Except for disputes subject to binding arbitration under Section 23.4, any Dispute that is not subject to arbitration, that cannot legally be arbitrated, or that proceeds outside arbitration for any reason shall be brought exclusively in the state courts located in Orange County, New York, or, if federal jurisdiction exists, in the United States District Court serving Orange County, New York.

 

Each party irrevocably consents to the personal jurisdiction and venue of such courts and waives, to the fullest extent permitted by law, any objection based on inconvenient forum, improper venue, or lack of personal jurisdiction.

 

Nothing in this Section limits any rights or venue requirements that cannot legally be waived under applicable law.

 

23.2        Dispute Resolution.

 

Application. This Dispute Resolution section governs any dispute, claim, controversy, or disagreement arising out of or relating to these Terms, the Site, the Services, any Products, subscriptions, purchases, communications, privacy practices, advertising practices, billing activity, account activity, or any interaction between you and eat2explore (“Dispute”), regardless of legal theory.

 

Pre-Dispute Notice. Before initiating arbitration or any other formal dispute resolution process permitted under this Agreement, the party asserting the dispute (“Claimant”) shall provide eat2explore with written notice of the dispute (“Dispute Notice”).

 

Dispute Notices must be delivered to:

eat2explore Legal Department
1033 Route 17M, Suite 101
Monroe, NY 10950
Email: contact@eat2explore.com

 

The Dispute Notice should include, to the extent reasonably available to Claimant and applicable to the nature of the dispute:

 

a)    Claimant’s full legal name and current mailing address;

b)    all email addresses used in connection with the Site, Service, Products, subscriptions, or account;

c)     the date or dates relevant to the dispute;

d)    the relevant webpage(s), account activity, order number(s), subscription number(s), transaction reference(s), or URL(s), if applicable;

e)    approximate timeframes associated with the dispute;

f)      device type, operating system, and browser information, if relevant and known;

g)    IP address(es) used to access the Service, if known;

h)    a statement describing Claimant’s relationship to and standing regarding the dispute;

i)      a reasonably detailed description of the conduct alleged and the nature of the alleged harm;

j)      the legal basis of the dispute, if known; and

k)     the resolution requested.

 

If the Dispute Notice does not contain sufficient information for eat2explore to reasonably investigate the matter, eat2explore may request supplemental information reasonably necessary to evaluate the dispute.

 

The parties agree to cooperate in good faith to exchange reasonably necessary information before commencing arbitration.

 

The informal resolution period described in Section 23.3 shall begin once sufficient information has been provided to permit reasonable investigation and resolution efforts.

 

Failure to provide information reasonably necessary to identify and investigate the dispute may delay the commencement of informal resolution timelines but shall not waive any rights that cannot legally be waived under applicable law.

 

Nothing in this Section limits any rights or remedies that cannot be waived under applicable law.

 

23.2A Privacy and Data Handling Disputes

Any dispute, claim, or controversy relating to the collection, use, disclosure, sharing, storage, transfer, retention, advertising use, tracking technologies, analytics technologies, attribution technologies, cookies, personalization, or processing of personal information shall be governed by this Section 23 and the applicable provisions of the Privacy Policy.

 

If a user believes personal information has been processed inconsistently with the Privacy Policy or applicable law, the user agrees to provide information reasonably sufficient to permit investigation of the concern prior to commencement of arbitration, which may include:

 

a)    a description of the alleged issue;

b)    relevant dates and account activity, if known;

c)     webpages, Services, transactions, orders, subscriptions, or interactions involved;

d)    supporting materials reasonably available;

e)    a description of the alleged impact or concern; and

f)      the requested resolution.

eat2explore may request supplemental information reasonably necessary to investigate and evaluate the concern.

Failure to provide reasonably available information necessary to identify and investigate the concern may delay the commencement of informal resolution timelines but shall not waive any rights that cannot legally be waived.

 

Nothing in this Section requires disclosure of privileged information, attorney work product, confidential legal strategy, protected personal information of third parties, or information otherwise protected by applicable law.

 

Nothing in this Section limits statutory privacy rights, data subject rights, or other rights that cannot legally be waived under applicable law.

 

23.3     Informal Resolution Period. Within sixty (60) days after eat2explore receives a Dispute Notice containing sufficient information to reasonably investigate the dispute pursuant to Section 23.2, the parties agree to engage in good-faith efforts to resolve the dispute informally before commencing arbitration.

 

As part of the informal resolution process, the parties shall participate in one or more discussions intended to explore resolution of the dispute. Unless otherwise agreed, at least one discussion shall occur during the informal resolution period.

 

Informal discussions may be conducted by email, telephone, or video conference.

 

Each party shall designate an individual with authority to discuss resolution of the dispute. Individuals may participate personally or through an authorized representative, including legal counsel.

 

The parties shall cooperate in good faith to schedule discussions during the informal resolution period and shall make commercially reasonable efforts to participate promptly.

 

If either party reasonably determines that additional information is necessary to evaluate the dispute, the parties agree to cooperate in exchanging information reasonably necessary to facilitate resolution.

 

Participation in the informal resolution process is a condition precedent to arbitration to the extent permitted by applicable law. However, a party’s inability to participate due to scheduling conflicts, reasonable unavailability, or other good-faith circumstances shall not by itself constitute waiver of rights or prohibit commencement of arbitration.

 

If the dispute is not resolved within the informal resolution period, either party may commence arbitration in accordance with Section 23.4.

 

Nothing in this Section limits any rights or remedies that cannot legally be waived under applicable law.

 

23.4        Binding Arbitration. Any dispute arising out of or relating to this Agreement, the Site, the Services, Products, subscriptions, communications, privacy practices, billing practices, or any interaction between the parties that is not resolved through the informal resolution process described in Section 23.3 shall be resolved exclusively through final and binding arbitration.

 

Arbitration shall be administered exclusively by the American Arbitration Association (“AAA”) and conducted in accordance with AAA’s then-current Consumer Arbitration Rules, except as modified by this Agreement and to the extent permitted by applicable law.

 

If a dispute is filed with a provider other than AAA, either party may request transfer, dismissal without prejudice, or refiling with AAA to the extent permitted by applicable law and the applicable arbitration rules.

 

The arbitration shall be conducted before a single arbitrator.

 

Unless otherwise required by applicable law or agreed by the parties, any in-person proceeding shall occur in New York; however, either party may elect video, remote, telephone, document-only, or other virtual proceedings to the extent permitted by the arbitration provider’s rules.

 

The arbitrator shall have authority to determine procedural issues, including jurisdiction, arbitrability, compliance with Sections 23.2 and 23.3, and the administration of preliminary procedural review under Section 23.5.

 

Each party shall bear its own attorneys’ fees and costs except where otherwise provided by this Agreement, the applicable arbitration rules, or applicable law.

 

Arbitration filing fees, administrative fees, arbitrator fees, and related costs shall be allocated in accordance with AAA Consumer Arbitration Rules and applicable law. To the extent permitted, the arbitrator may allocate fees and costs based on procedural conduct, good-faith participation, or bad-faith conduct under Section 23.5.

 

Nothing in this Section limits any non-waivable consumer rights or cost protections imposed under applicable law or the applicable arbitration rules.

 

23.5        Good Faith Requirements; Preliminary Procedural Review. The parties agree that all disputes initiated under this Agreement shall be asserted and defended in good faith and for legitimate purposes.

 

 

To facilitate efficient evaluation and resolution of disputes, Claimant shall provide information reasonably necessary to permit investigation of the dispute and assessment of the relief requested. Such information may include updates or supplemental materials reasonably requested during the informal resolution process or arbitration.

 

As a threshold procedural matter and prior to adjudication of the merits, the arbitrator may, on the arbitrator’s own initiative or upon request of either party, evaluate whether the dispute has been asserted and pursued in good faith and in accordance with the procedural requirements of this Agreement.

 

In conducting such review, the arbitrator may consider, to the extent permitted by applicable law and applicable arbitration rules:

 

a)    whether the information provided under Section 23.2 was materially accurate and reasonably complete;

b)    whether either party reasonably participated in the informal resolution process described in Section 23.3;

c)     whether material facts relevant to evaluation of the dispute were knowingly omitted or materially misrepresented;

d)    whether claims, defenses, or procedural positions were asserted primarily for harassment, improper leverage, unnecessary delay, abuse of process, or another improper purpose;

e)    whether either party engaged in conduct inconsistent with good-faith dispute resolution efforts; and

f)      any other procedural or factual considerations the arbitrator determines are relevant to evaluating dispute integrity and procedural compliance.

 

If the arbitrator determines, by a preponderance of the evidence and to the extent permitted under applicable law and applicable arbitration rules, that a dispute or procedural position was asserted in bad faith or for an improper purpose, the arbitrator may impose procedural remedies permitted under the applicable arbitration rules, including requiring supplementation of information, allocating fees and costs, limiting procedurally defective claims, dismissing procedurally defective claims where authorized by applicable law and arbitration rules, or granting other appropriate procedural relief.

 

Nothing in this Section requires or authorizes disclosure of attorney-client privileged communications, attorney work product, confidential legal strategy, or information otherwise protected by applicable law.

 

For avoidance of doubt, this Section is intended to promote efficient and good-faith resolution of disputes and shall not be construed to limit either party’s ability to bring, pursue, or defend a good-faith claim on the merits.

 

23.6        Costs and Fees. Except as otherwise expressly provided in this Agreement, required by applicable law, or authorized under the applicable arbitration rules, each party shall bear its own attorneys’ fees, expert fees, costs, and expenses incurred in connection with any dispute.

 

Arbitration filing fees, administrative fees, arbitrator compensation, and other arbitration-related costs shall be allocated in accordance with Section 23.4, the applicable arbitration provider’s consumer rules, and applicable law.

 

The arbitrator may allocate fees and costs differently where authorized by applicable law or the applicable arbitration rules, including consideration of:

 

a)    compliance with the dispute resolution procedures contained in this Agreement;

b)    participation in the informal resolution process described in Section 23.3;

c)     conduct evaluated under Section 23.5 relating to good-faith participation, procedural compliance, or improper purpose;

d)    whether procedural motions, requests, or positions materially increased dispute costs unnecessarily; and

e)    any other factors the arbitrator determines are relevant and permissible under applicable law.

 

Nothing in this Agreement requires a consumer to pay fees or costs in excess of those permitted under applicable law or the consumer protections contained in the applicable arbitration provider’s rules.

 

No provision of this Agreement shall be interpreted to waive any statutory entitlement to recover attorneys’ fees, costs, or expenses where such recovery is expressly authorized by law.

 

23.7        Class Action Waiver. To the fullest extent permitted by applicable law, each party agrees that any dispute shall be brought only in such party’s individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any purported class, collective, coordinated, consolidated, mass, representative, or similar proceeding.

 

The arbitrator shall have no authority to consolidate more than one individual’s claims, combine proceedings involving different parties, or preside over any form of class, collective, coordinated, consolidated, representative, or mass arbitration proceeding except where expressly required by applicable law.

 

Unless otherwise prohibited by applicable law, disputes shall be arbitrated only on an individual basis.

 

If any portion of this Section is determined to be unenforceable as to a particular dispute or requested form of relief, then that dispute or relief request shall proceed in a court of competent jurisdiction to the extent required, subject to Section 23.1 (Governing Law and Venue) and all remaining provisions of this Agreement.

 

The agreement to arbitrate set forth in Section 23.4 and the class action waiver contained in this Section are material provisions of this Agreement and shall be interpreted together to the fullest extent permitted by applicable law.

 

To the extent permitted by law, severance of the class action waiver from the arbitration agreement shall not be permitted for disputes seeking class, collective, representative, coordinated, or mass treatment.

 

Nothing in this Section limits any rights that cannot legally be waived.

 

23.8        Carve-Outs. Nothing prevents either party from seeking: (a) intellectual property protection; (b) injunctive or other equitable relief; (c) small claims relief where available; (d) collection of undisputed amounts due; or (e) any claim that, as a matter of law, may not be subject to pre-dispute arbitration. Any court action permitted under this Section shall remain subject to Section 23.1 (Governing Law and Venue).

 

23.9        Severability. If any provision of this Dispute Resolution section is held unenforceable, the unenforceable provision shall be severed and the remaining provisions shall remain in full force and effect, except that the Class Action Waiver is non-severable from the arbitration agreement to the extent set forth above.

 

23.10     Survival. The provisions of this Section 23 shall survive expiration, cancellation, suspension, termination, closure of an account, completion of any transaction or Subscription, discontinuation of the Services, and termination of these Terms for any reason.

 

Without limitation, Sections 23.1 through 23.9, including Governing Law and Venue, Pre-Dispute Notice Requirements, Privacy and Data Handling Disputes, Informal Resolution, Binding Arbitration, Good Faith Requirements and Preliminary Procedural Review, Costs and Fees, Class Action Waiver, and Carve-Outs from Arbitration, shall remain enforceable after termination to the fullest extent permitted by applicable law.

 

Termination of these Terms shall not affect any rights, obligations, claims, liabilities, dispute procedures, releases, waivers, indemnification obligations, payment obligations, or accrued causes of action that arose before termination.

 

Nothing in this Section limits any rights or obligations that survive by their nature or under applicable law.

 

23.11     Severability (General Terms Severability). If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable.  To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

 

23.12     No Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without our express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. We may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

 

23.13     Notices. We may give any notice required by this Agreement by means of a general notice on the Site, electronic mail to your email address on record with us, or by written communication sent by first class mail or pre-paid post to your address on record with us. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to us, addressed to the attention of eat2explore, Inc. Attn: General Counsel, 1033 Route 17M, Monroe NY 10950. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: 1033 Route 17M, Monroe NY 10950.

 

23.14     Remedies. Our remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to us for which monetary damages would not be an adequate remedy and, therefore, we will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

 

23.15     Waiver. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

23.16     Entire Agreement; Modifications. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. We reserve the right to make changes to this Agreement, in our sole discretion, pursuant to Section 2 above.

 

23.17     Feedback. In the event that you provide us with any feedback regarding the Site or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Site or the Service (collectively, “Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

 

23.18     Survival (General Terms Survival). Sections 9, 10, 11, 17, 18, 19, 20, 21, 22, 23, and any provisions which by their nature should survive shall survive expiration or termination of this Agreement.

 

23.19     Modifications to the Site or the Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.

 

24. Mobile Messaging (SMS/MMS) Program Terms and Conditions

eat2explore (“eat2explore,” “we,” “us,” or “our”) may offer a mobile messaging program (the “Program”) through which you may elect to receive recurring marketing, promotional, and informational text messages via Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) (collectively, “Mobile Messages”). By enrolling in, opting into, or otherwise participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Mobile Messaging Terms and Conditions, as well as the other provisions of these Terms of Service and our Privacy Policy, which are incorporated herein by reference.

24.1     Consent to Receive Mobile Messages

By providing your mobile telephone number and affirmatively opting into the Program through any available enrollment method, including but not limited to website forms, checkout selections, account registration, promotional sign-up pages, or other electronic consent mechanisms, you expressly consent to receive recurring automated, autodialed, prerecorded, or otherwise electronically transmitted Mobile Messages from eat2explore at the telephone number you provided. You acknowledge and agree that your consent to receive Mobile Messages is not a condition of any purchase, transaction, or use of our Products or Services. Message and data rates may apply as determined by your wireless carrier, and you are solely responsible for any such charges.

You represent and warrant that you are the authorized subscriber or customary user of the mobile telephone number you provide and that you have the authority to consent to receive Mobile Messages at such number. You further agree to maintain accurate, current, and complete contact information and to promptly notify us if your mobile number changes.

24.2     Program Scope and Message Frequency

Mobile Messages sent through the Program may include, without limitation, promotional offers, product announcements, subscription reminders, transactional communications, customer service notifications, and other communications relating to eat2explore’s products, services, and events. Message frequency may vary depending on your interactions with us, your account activity, marketing campaigns, and other business communications.

24.3     Opt-Out Procedures

You may opt out of receiving Mobile Messages at any time by replying STOP to any Mobile Message received from us. Upon receipt of a valid opt-out request, we will process your request within a reasonable period of time, after which you may receive a final confirmation message acknowledging your opt-out. You may also request assistance with opting out by contacting us at contact@eat2explore.com; however, you acknowledge that replying STOP remains the primary and most effective method of immediately terminating Mobile Message communications.

24.4     User Responsibilities and Number Reassignment

You agree that if you change, deactivate, transfer, or relinquish the mobile telephone number associated with your participation in the Program, you will promptly opt out of the Program prior to such change or notify us directly of the updated contact information. To the fullest extent permitted by law, you agree that eat2explore shall not be liable for Mobile Messages sent to a reassigned or recycled telephone number where you have failed to provide notice of such change.

24.5     Delivery Limitations and Carrier Disclaimer

Delivery of Mobile Messages is subject to effective transmission by your wireless service provider and network availability. eat2explore does not guarantee the successful delivery, timeliness, or accuracy of Mobile Messages and shall not be liable for delayed, undelivered, or misdirected messages due to factors outside our reasonable control, including network failures, carrier restrictions, or technical malfunctions. Wireless carriers are not liable for delayed or undelivered Mobile Messages.

24.6     Third-Party Service Providers

eat2explore may utilize third-party vendors, platforms, or service providers to facilitate the delivery of Mobile Messages. Your participation in the Program may therefore also be subject to the applicable terms and privacy policies of such third-party providers.

24.7     Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to the Program, Mobile Messages, or these Mobile Messaging Terms shall be governed by and subject to the Dispute Resolution provisions contained in these Terms of Service, including the binding arbitration and class action waiver provisions, which are incorporated herein by reference.

24.8     Modification or Termination of Program

eat2explore reserves the right, at its sole discretion, to modify, suspend, or terminate the Program, in whole or in part, at any time and for any reason, with or without notice, including modifications to these Mobile Messaging Terms. Your continued participation in the Program following any such modifications constitutes your acceptance of the revised terms.