Terms of Use

UPDATED: May 26, 2020

The policies below are applicable to data and information collected through the Off the Menu application and all apps published by Off the Menu , the Off the Menu website, including www.offthemenuco.com (including any versions optimized for viewing on a wireless or tablet device); all other Off the Menu websites including www.theburgershowdown.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Off the Menu and all other interactive features and communications provided by Off the Menu (“Application”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Off the Menu, Inc. (collectively “Off the Menu” or “we”, “us”, or “our”). BY USING OUR APPLICATION, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE APPLICATION AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR APPLICATION FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain of our services, you will also be required to execute our subscription agreement.

This is a legal agreement between you ("you" or "user") and Off the Menu that states the material terms and conditions that govern your use of the Application. This agreement, together with all updates, supplements, additional terms, and all of Off the Menu’s rules and policies collectively constitute this "Agreement" between you and Off the Menu. BY ACCESSING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS APPLICATION.

1. Apple Disclaimer. The following paragraph applies to any version of the Services that you acquire from the Apple App Store. This Agreement is entered into between You and Off the Menu. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. Off the Menu, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

2. Site Access License. Off the Menu grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Application or its content. This license does not include any resale or commercial use of the Application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Application or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Application and/or any portion of the Application may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Off the Menu’s express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Application or any activities conducted as part of the Application; or (iii) bypass any measures we may use to prevent or restrict access to the Application. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

3. Copyright and Ownership. All of the content featured or displayed on the Application, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Off the Menu, its licensors, vendors, agents and/or its Content providers. All elements of the Application, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Application may only be used for the intended purpose for which such Application is being made available. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Application. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Application. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Application. The Application, its Content and all related rights shall remain the exclusive property of Off the Menu or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Application.

4. Trademarks/No Endorsement. All trademarks, service marks and trade names of Off the Menu used herein (including but not limited to: Off the Menu name, Off the Menu corporate logo, the Application name, the Application design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Off the Menu or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Off the Menu trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Application, without Off the Menu's prior written consent. You shall not use Off the Menu’s name or any language, pictures or symbols which could, in Off the Menu’s judgment, imply Off the Menu’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Application. In order to use those restricted portions of the Application, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Application's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Off the Menu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Off the Menu has the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Application using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Application. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

6. Solicited Submission Policy. Where Off the Menu has specifically invited or requested submissions or comments, Off the Menu encourages you to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to Off the Menu that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant Off the Menu a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Off the Menu shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

7. Inappropriate User Submissions. Off the Menu does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Off the Menu will reject any submissions in which Off the Menu believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, Off the Menu reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Site at any time and without notice.

8. Inappropriate Material. You are prohibited from using the Application or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from participating in our Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. User Published Content. User published Content and User Submissions do not represent the views of Off the Menu or any individual associated with Off the Menu, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Off the Menu’s endorsement of user published Content. Off the Menu does not vouch for the accuracy or credibility of any user published Content on our Application or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Application and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Application and Services, you assume all associated risks.

10. Advertising Rights. Off the Menu reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Off the Menu and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Off the Menu to sell, license or offer to sell or license any advertising, promotion or distribution rights.

11. Third Party Links. From time to time, the Application may contain links to web sites that are not owned, operated or controlled by Off the Menu or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Application. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Application, you do so entirely at your own risk.

12. Transactional Partners. In some cases we partner with another company to co-promote their services within our Application. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Off the Menu Terms of Service. When there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.

13. Subscription Services. At present Off The Menu offers premium subscription of our services starting at $20 per month, inclusive of taxes. We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by Off The Menu staff.

From time to time, we or others on our behalf may offer you a promotion for your subscription at a reduced rate (Trial). Off The Menu may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. All promotions/trials are only valid for new customers. All promotions/trials only apply to the first month of membership. We will begin billing your Payment Method for your subscription at the regular price ($20 at this time) after your promotion ends. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION WITHIN THE APP BEFORE THE END OF THE TRIAL.

Your credit card information is processed and securely stored by our partner Stripe (the “Payment Processor”), one of the leading companies in mobile app payment processing. Off The Menu does not store any of your credit card information. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.

By signing up and purchasing your Off The Menu membership (“Membership”), you authorize us to charge you for your initial membership period and a recurring monthly or annual membership fee at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. Your Membership will automatically renew each month or year and you will be billed on the same date each month. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account. In the case if you upgrade from a monthly to an annual Membership, your new effectively billing date will start immediately upon the purchase of the upgraded Membership, with a credit adjustment automatically applied to your new purchase amount towards any remaining days from the original monthly Membership period.

Membership fees or any other fees are nonrefundable. Membership purchases are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and members are responsible for payment of the entire contracted amount upfront prior to using of any Off The Menu services in such paid period. From time to time, at Off The Menu staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.

You may update your payment method or cancel your account under “Accounts” in the main in-App menu, then proceed with the process starting with “Cancel Subscription.” Following any cancellation you will continue to have access to your Membership through to the end of your current prepaid billing period. DELETING THE OFF THE MENU APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT CANCELLATION. You nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing you through the Payment Processor. If we cannot charge your account, we reserve the right to immediately terminate your membership and access to our Site or any portion thereof.

14. Marketing Services and Beverages Purchases.

Off The Menu provides a marketing service, and a marketing service only, to our partner venues (“Venues” or a “Venue”), by referring qualified Off The Menu members to discover and pay for products and services at these Venues. Off The Menu is a private membership organization and your Membership purchase is simply for the acknowledgement to be an Off The Menu member and ability to use our Site. At no time are you buying any alcoholic beverages from Off The Menu. Nor are you buying any food items from Off The Menu. Membership privileges include, but are not limited to access to exclusive lifestyle content, invitation to special events, ability to purchase limited edition merchandise from Off The Menu and its partners, and more. As one of the Membership privileges, and as not further prohibited by State Alcoholic Beverage Control (“ABC”) Law, Venues may provide qualified members one complimentary drink per visit, with the exceptions that (i) In some states such as New York where ABC laws and regulations prohibit a Venue from providing a free drink to a customer without the purchase of another drink, members are required to purchase at least one additional drink at no less than the same regular retail price of the complimentary drink; or (ii) In states such as California where ABC laws and regulations prohibit a Venue from providing a free drink to a customer on a systematic basis, members will instead receive access to specials and promotions exclusive to Off The Menu members that are unique to each Venue. Failure to abide by applicable state alcohol control laws and regulations are grounds for immediate termination of your Off The Menu Membership with no obligation for Off The Menu to provide any refund.

Off The Menu is a private membership organization and your Membership purchase is a privilege and not a guarantee. Off The Menu reserves the right to terminate your Membership with or without cause at any time. The Site and Off The Menu services are proprietary and protected by intellectual property and other laws, including applicable U.S. and international patents, trademarks and copyrights. Your use of the Site and Off The Menu services is subject to you following all Membership rules and acceptable behavior and conduct, as well as all applicable local, state and federal laws and regulations. Having a Membership or access to the Site does not guarantee you entry or service at Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way. In States where alcohol control laws and regulations require a purchase of an additional drink, Venues may enforce such purchase if you do not voluntarily make such purchase. By using the Site, you agree:

To comply with local state and federal laws and regulation;
Not to use the Site or Off The Menu services at Venues if you are under 21;
Not to maintain more than One (1) account per person;
Not to access the Site or Off The Menu services using a 3rd party membership account;
Not to use the Site for illegal purposes;
Not to commit any acts of infringement on the Site;
Not to use the Site to engage in any commercial activities;
Not to copy any content for republication in print or online;
Not to create disruption or interfere with another person’s use and enjoyment of the Site;
Not to upload or transit viruses or other harmful files that disrupt or violate the security of the Site or any

15. Accuracy of Information. We attempt to ensure that information on the Application is complete, accurate and current. Despite our efforts, the information on the Application may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Application. For example, products included on the Application may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Application.

16. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Application at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

17. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Application for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Application; or (iii) bypass any measures we may use to prevent or restrict access to the Application.

18. Right to Takedown Content. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user's e-mail unless required in the course of normal maintenance of the Application and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Off the Menu or the Application; (2) protect and defend the rights or property of Off the Menu, the Application, or the users of the Application; or (3) act in an emergency to protect the personal safety of our guests, the Application, or the public. Users shall remain solely responsible for the content of their messages and Off the Menu shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Application at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Application.

19. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Application is and will be in compliance with all applicable laws. You have read, understood, agree with, and will abide by the terms of this agreement. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

20. DISCLAIMERS. YOUR USE OF THE APPLICATION IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPLICATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER OFF THE MENU, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APPLICATION. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPLICATION MAY BE OUT OF DATE, AND NEITHER OFF THE MENU, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OFF THE MENU OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

21. LIMITATIONS OF LIABILITY. OFF THE MENU DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS APPLICATION, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS APPLICATION. IN NO EVENT WILL OFF THE MENU, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APPLICATION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APPLICATION, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPLICATION, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPLICATION. YOUR SUBSCRIPTION WILL CONTINUE IN EFFECT ON A RECURRING BASIS CORRESPONDING TO THE TERM OF YOUR SUBSCRIPTION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR THE ACCOUNT OR SERVICE IS OTHERWISE SUSPENDED OR DISCONTINUED PURSUANT TO THESE TERMS. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE YOUR NEXT RENEWAL DATE IN ORDER TO AVOID THE NEXT BILLING. WE WILL BILL THE PERIODIC SUBSCRIPTION FEE PLUS ANY APPLICABLE TAXES TO THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR ACCOUNT INFORMATION). IF YOU CANCEL YOUR SUBSCRIPTION, CANCELLATION WILL BE EFFECTIVE AT THE END OF THE CURRENT BILLING PERIOD - THIS MEANS THAT YOU WILL HAVE CONTINUED ACCESS TO YOUR SUBSCRIPTION FOR THE REMAINDER OF THAT PERIOD, BUT YOU WILL NOT RECEIVE A REFUND. YOU CAN CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR OFF THE MENU ACCOUNT AND FOLLOWING THE INSTRUCTIONS ON YOUR ACCOUNT PAGE ON THE OFF THE MENU CLUB APP OR IN THE SETTINGS OF OUR MOBILE APPLICATION. IF YOU PAY FOR THE SERVICES THROUGH YOUR ACCOUNT WITH A THIRD PARTY (E.G., APPLE ITUNES OR APPLE PAY) AND WANT TO CANCEL YOUR SUBSCRIPTION OR MANAGE YOUR BILLING, YOU MAY NEED TO DO SO THROUGH YOUR ACCOUNT WITH SUCH THIRD PARTY.

22. Indemnity. You agree to defend, indemnify and hold Off the Menu and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Application or the Internet or your placement or transmission of any message or information on this Application by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Off the Menu; or (vi) any other party’s access and use of the Application with your unique username, password or other appropriate security code.

23. Release. In the event that you have a dispute with one or more other users of the Application, you release Off the Menu (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

24. Termination. You or we may suspend or terminate your account or your use of this Application at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Application in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

25. Force Majeur. . Neither Off the Menu nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

26. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Off the Menu’s Privacy Policy www.offthemenuco.com/privacy-policy-1 which is incorporated into and is a part of this Agreement.

27. General. Any claim relating to, and the use of, this Application and the materials contained herein is governed by the laws of the State of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in the State of Washington. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Application, and operation of the Application may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Off the Menu in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.

28. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. In operating the Application, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Application. Off the Menu has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Application. Off the Menu has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Off the Menu or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Application infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is support@offthemenuco.com.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Application that you claim is infringing, with enough detail so that we may locate it on the Application;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

29. Entire Agreement. These terms and conditions are the entire agreement between the user and Off the Menu and supersede any prior understandings or agreements (written or oral).

30. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@offthemenuco.com.

31. Merchandise. The Burger Showdown merchandise shop is managed by Mainfactor, inc. Please visit merch.theburgershowdown.com for the Terms and Privacy Policy related to the merchandise and the shop.