Terms of Service for tombikfoodtruck.com
These Terms of Service ("Terms") constitute a legally binding agreement between you, the user ("User" or "you"), and Tombik Food Truck ("Tombik Food Truck," "we," "us," or "our"), governing your access to and use of the website located at tombikfoodtruck.com (the "Website"). By accessing, browsing, or otherwise using the Website, you hereby acknowledge that you have read, understood, and agree to be bound by these Terms, in their entirety, without qualification or reservation. If you do not agree with any provision of these Terms, you are expressly prohibited from using or accessing the Website.
1. Acceptance and Modification of Terms
1.1. Agreement to Terms: Your utilization of the Website signifies your unequivocal assent to these Terms. This agreement encompasses all policies, guidelines, and conditions referenced herein or subsequently published on the Website.
1.2. Amendments and Modifications: Tombik Food Truck reserves the unilateral right, at its sole discretion, to revise, update, or modify these Terms at any time. Any such changes shall become effective immediately upon their posting on the Website. It is incumbent upon the User to regularly review these Terms for any alterations. Your continued use of the Website subsequent to the posting of any modifications shall constitute your affirmative acceptance of such revised Terms.
2. Description of Services and Availability
2.1. Website Purpose: The Website serves as a digital platform to provide information pertaining to Tombik Food Truck's culinary offerings, operational schedule, geographical location, catering services, and other pertinent details related to our business operations.
2.2. Service Availability and Accuracy: While Tombik Food Truck endeavors to ensure that all information presented on the Website is accurate and current, we do not warrant the absolute completeness, reliability, or error-free nature of any content. Information regarding menu items, pricing, or availability is subject to change without prior notice. Tombik Food Truck shall not be liable for any inaccuracies, omissions, or delays in the information provided.
3. Acceptable Use of the Website
3.1. Prohibited Conduct: The User is expressly prohibited from engaging in any activities that:
- 3.1.1. Violate any applicable local, state, national, or international law or regulation.
- 3.1.2. Infringe upon the intellectual property rights or other proprietary rights of Tombik Food Truck or any third party.
- 3.1.3. Disrupt, interfere with, or create an undue burden on the Website, its servers, or networks connected to the Website.
- 3.1.4. Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
- 3.1.5. Involve the transmission of unsolicited commercial communications ("spam"), chain letters, or pyramid schemes.
- 3.1.6. Utilize any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Website in a manner that sends more request messages to the Website's servers than a human can reasonably produce in the same period by using a conventional web browser.
3.2. User Responsibilities: The User agrees to use the Website solely for lawful purposes and in a manner that does not harm Tombik Food Truck or any other user.
4. Intellectual Property Rights
4.1. Ownership of Content: All content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, present on the Website is the exclusive property of Tombik Food Truck or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Tombik Food Truck and protected by U.S. and international copyright laws.
4.2. Limited License: Tombik Food Truck grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Website. This license expressly excludes any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its 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.
5. Limitation of Liability
5.1. Disclaimer of Warranties: THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY TOMBIK FOOD TRUCK ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE F FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOMBIK FOOD TRUCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2. Exclusion of Damages: TOMBIK FOOD TRUCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
6. Indemnification
The User agrees to indemnify, defend, and hold harmless Tombik Food Truck, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Website.
7. Termination of Access
7.1. Tombik Food Truck's Right to Terminate: Tombik Food Truck reserves the right, in its sole discretion, to terminate your access to all or any part of the Website at any time, with or without notice, for any reason whatsoever, including, without limitation, for breach of these Terms.
7.2. Effect of Termination: Upon termination of your access, your right to use the Website shall immediately cease. All provisions of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in full force and effect.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Tombik Food Truck is incorporated, without regard to its conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in said jurisdiction.
9. Contact Information
Should you have any questions or concerns pertaining to these Terms of Service, please contact us at:
Email: [email protected]