Privacy
My Burger Buddy cares about the privacy of your information. Please read our Privacy Policy, which outlines how our Website collects information about you, how information will be shared and secured, and certain rights you have with respect to your information. Our Privacy Policy is incorporated into and is a part of these Terms.
Assistance
If you have any questions or comments, we invite you to contact us at customerservice@myburgerbuddy.com.
Account Creation
You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If My Burger Buddy suspects that such information is untrue, inaccurate, not current or incomplete, My Burger Buddy has the right to suspend or terminate your account and refuse any and all use of the Website.
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 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 Website. Please note that anyone able to provide your username and password will be able to access your account, so you should take reasonable steps to protect this information.
User Obligations
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms any personally identifiable information which you receive or which is made available from My Burger Buddy in connection with these Terms or on the Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk.
You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials on the Website. You may not post material on the Website, or otherwise use the Website in any manner, that could: (i) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (ii) violate the privacy or publicity rights of other individuals or entities; (iii) be considered criminal conduct or give rise to civil liability; or (iv) otherwise violate any law or these Terms. You further understand and agree that posting unsolicited advertisements on the Website is expressly prohibited by these Terms. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website 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 Website; or (iii) bypass any measures we may use to prevent or restrict access to any portion of the Website or our computer systems. Any unauthorized use of our computer systems is a violation of these Terms. 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 prevent or cure the violation, including without limitation, the immediate removal of your content from the Website and termination of your access to the Website.
Copyright, Trademark, And Ownership. All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by My Burger Buddy, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, My Burger Buddy trademarks, service marks, trade names (including the My Burger Buddy name, logos, and the Website’s design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or My Burger Buddy’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without My Burger Buddy’s prior written consent. The use of My Burger Buddy trademarks on any other website is not allowed without our prior express written permission. My Burger Buddy prohibits the use of My Burger Buddy trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of My Burger Buddy or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
User Content
My Burger Buddy encourages members of the public to submit user published content or user content (e.g., postings to chatrooms, participation in communities, videos, tips, etc.) to My Burger Buddy for consideration in connection with the Website (“User Content”). User Content remains the intellectual property of the individual user. By posting content on our Website, you expressly grant My Burger Buddy a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, modify, publish, create derivative works from, distribute and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. All User Content is deemed non-confidential and My Burger Buddy shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content.
User Content does not represent the views of My Burger Buddy or any individual associated with My Burger Buddy, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, My Burger Buddy’s endorsement of User Content. My Burger Buddy does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website. Through your use of the Website, 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 or people acting under false pretense. By using our Website, you assume all associated risks.
By posting any User Content to the Website or transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to My Burger Buddy, you represent and warrant that such User Content and Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to My Burger Buddy and enable My Burger Buddy to use such Feedback. My Burger Buddy will not be liable for any use or disclosure of any Feedback. 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, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. My Burger Buddy may reject or remove any User Content, Feedback, or other submissions that My Burger Buddy believes, in its sole discretion, include any inappropriate or prohibited material.
Digital Millennium Copyright Act (“DMCA”) Notice
Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. My Burger Buddy has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to customerservice@myburgerbuddy.com. Please make you sure that you specifically identify the copyrighted work that you claim has been infringed by providing specific URL(s) and a precise description of where the copyrighted material is located on the page(s).
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, email to a user's email address in our records, or by written communication sent to a user's last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Online Sales
Unless specifically agreed to by My Burger Buddy, you may only purchase products and services for personal, non-commercial use, and My Burger Buddy may refuse any order that it has cause to believe is for onward sale other than through distribution channels approved by My Burger Buddy. My Burger Buddy makes no representation or guarantees that products or services available on the Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
By submitting a completed order for My Burger Buddy products and services (the “Goods”) you offer to purchase the Goods you select and submit to My Burger Buddy through the online order form. My Burger Buddy may accept your order by sending you an electronic order confirmation that your order has been accepted. My Burger Buddy may reject your order in its sole discretion.
For all charges for any Goods sold on the Website, My Burger Buddy will bill your credit card or alternative payment method offered by My Burger Buddy or our designated service providers. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse My Burger Buddy for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. Payment obligations are non-cancelable and fees paid are non-refundable. You shall provide My Burger Buddy with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
Delivery
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Website. A delivery fee may apply to Goods delivered to you by My Burger Buddy and by placing an order you agree to pay such fee. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If delivery is available, My Burger Buddy will estimate the time of delivery; however, My Burger Buddy does not guarantee any particular delivery date and disclaims any liability for delays.
Representations & Warranties
You affirm, represent and warrant the following: (i) you have the legal right, ability, and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Website; (iii) if necessary you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) My Burger Buddy’s use of any information you have submitted as contemplated by the Terms will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you have not and will not engage in any of the prohibited activities or behaviors listed in the User Obligations section in the production of, your appearance in, or contribution(s) to your submissions to us or the Website; and (vii) your submissions to us or the Website do not contain: (a) material falsehoods or misrepresentations that could harm My Burger Buddy or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER My Burger Buddy NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY BURGER BUDDY OR THROUGH MY BURGER BUDDY’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
MY BURGER BUDDY DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL MY BURGER BUDDY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, 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 WEBSITE, ANY OTHER WEBSITES LINKED TO FROM THE WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MY BURGER BUDDY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT, PRODUCTS, OR SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS OR SERVICES BY CONTACTING MY BURGER BUDDY. IN NO EVENT SHALL MY BURGER BUDDY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
Force Majeure
My Burger Buddy is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its 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.
Indemnity
You agree to defend, indemnify, and hold harmless My Burger Buddy and its affiliates, and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
Governing Law
Any claim arising out of or relating to the use of, this Website and the materials contained herein is governed by the laws of the State of Georgia, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia. Any and all disputes directly or indirectly arising out of or related to the Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises.
A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
Term & Termination
These Terms and your right to use the Website will take effect at the moment you install, access, or use the Website. Moreover, any use of the Website other than as specifically authorized herein, without the prior written consent of My Burger Buddy, is strictly prohibited. My Burger Buddy reserves the right, without notice and its sole discretion, to terminate your right to use the Website and to block or prevent your future access to, and use of, the Website. The provisions concerning My Burger Buddy’ proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of the Terms for any reason. My Burger Buddy retains has the right to change or discontinue the Website or any feature of the Website at any time.
Severability
If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
Miscellaneous
No joint venture, partnership, employment, or agency relationship exists between you and My Burger Buddy as result of these Terms or your utilization of the Website. Headings herein are for convenience only. These Terms, along with our Privacy Policy, represents the entire agreement between you and My Burger Buddy with respect to use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and My Burger Buddy with respect to the Website.
All rights not granted herein are expressly reserved to Toddy Tech LLC.