Terms of Service

Introduction

Welcome to, and thank you for visiting, RestaurantInfo’s Terms of Use Agreement. The following terms and conditions govern the legal relationship between RestaurantInfo and all users of RestaurantInfo.

By using RestaurantInfo on any device and for any purpose, you agree to the following Terms of Service (the “Agreement”):

RestaurantInfo is for use only by persons searching for employment opportunities in the foodservice industry (“Applicants”), and by persons and/or organizations seeking to attract Applicants to employment opportunities in the foodservice industry (“Employers”). You understand and agree that use of RestaurantInfo for any other purpose is sufficient grounds for immediate revocation of your license to use any and all RestaurantInfo services. If you are accessing or using RestaurantInfo on behalf of an Employer, you are agreeing to this Agreement on behalf of both yourself and the Employer, and you represent and warrant that you have the authority to bind such Employer to this Agreement.

The Terms of Service in this Agreement are subject to change. RestaurantInfo reserves the right to notify you of such changes by any reasonable means, including by simply posting a revised Agreement on the RestaurantInfo website (the “Site”) and app (the “App”). Of course, any changes will not affect nor apply to any claim brought prior to the date the changed Agreement was published. As such, the Agreement will always include the date of its most recent change(s). By continuing to use RestaurantInfo after such changes, you accept such changes.

RestaurantInfo may further add, modify, or discontinue any and all aspects of the RestaurantInfo service and/or Site and/or App at any time and without liability.

RestaurantInfo’s Core Services and General Terms and Conditions of Use

The following terms and conditions apply to all Applicants, Employers, and any other user of RestaurantInfo and/or the Site and/or the App, or otherwise indicate their acceptance to this Agreement.

RestaurantInfo exists to connect Applicants and Employers in the foodservice industry (including restaurants of all kinds, catering operations, and the larger service and hospitality industries in general as relates to food). As such, RestaurantInfo hosts Employers’ Work Opportunity Postings, Applicants’ Resumes, and other related content for the foodservice industry.

Work Opportunity Postings and Resumes are posted on RestaurantInfo by third parties over whom RestaurantInfo has no control. RestaurantInfo does not confirm the accuracy or completeness of any posting on RestaurantInfo, and therefore assumes no responsibility and disclaims all liability for all Work Opportunity Postings and Resumes posted on RestaurantInfo, including the completeness, accuracy, and legality of their contents. RestaurantInfo has no obligation to screen Work Opportunity Postings or Resumes and may exclude or remove any Work Opportunity Posting or Resume for any reason at any time. RestaurantInfo also cannot confirm the identity of any user.

To our Applicants:

Any Resume or other information you submit to RestaurantInfo is subject to the terms and conditions of this Agreement. By posting your Resume to RestaurantInfo you are authorizing and requesting that RestaurantInfo bring your Resume to the attention of any and all Employers on RestaurantInfo who, based on the contents of your Resume and other information you submit to RestaurantInfo, and information about your use of RestaurantInfo, we believe may have an interest in you as an Applicant. Further, by posting your Resume you are authorizing and requesting that RestaurantInfo bring any and all Employers and Work Opportunity Postings on RestaurantInfo that, based on the contents of your Resume and other information you submit to RestaurantInfo, and information about your use of RestaurantInfo, we believe you may have an interest in, to your attention. When you apply through RestaurantInfo to a Work Opportunity Posting, RestaurantInfo cannot not guarantee that any Employer will receive even notification of, read, or respond to any Applicant or Resume, nor that there will be no mistakes in the transmission or storage of the data.

Above all, be safe: RestaurantInfo cannot guarantee the identity of any user nor the validity of any job offer, so please, on your own, verify the identity of any person and validity of any job offer before making any decisions or taking any actions based on any interview or work-opportunity offer received or obtained through RestaurantInfo.

To our Employers:

Any Work Opportunity Posting or other information you submit to RestaurantInfo is subject to the terms and conditions of this Agreement. By posting your Work Opportunity Posting to RestaurantInfo you are authorizing and Requesting that RestaurantInfo bring your Work Opportunity Posting to the attention of any and all Applicants on RestaurantInfo who, based on the contents of your Work Opportunity Posting and other information you submit to RestaurantInfo, and information about your use of RestaurantInfo, we believe may have interest in you as an Employer. Further, by posting your Work Opportunity Posting you are authorizing and requesting that RestaurantInfo bring any and all Applicants who, based on the contents of your Work Opportunity Posting and other information you submit to RestaurantInfo, and information about your use of RestaurantInfo, we believe may you have an interest in, to your attention. If and when Applicants apply through RestaurantInfo to your Work Opportunity Posting, and/or in the event(s) of your correspondence with any user through RestaurantInfo, RestaurantInfo cannot not guarantee that the user will receive even notification of, read, or respond, nor can RestaurantInfo guarantee that there will be no mistakes in the transmission or storage of the data. RestaurantInfo has no obligation to verify the contact information you provide to RestaurantInfo. It is your responsibility to ensure that the contact information RestaurantInfo uses to correspond with, and relay messages from Applicants to, you is correct and up-to-date. In the event that any damages arise from your contact information being incorrect in RestaurantInfo, you agree to both hold RestaurantInfo harmless for such damages and indemnify RestaurantInfo for any such damages.

To all of our users:

When you use RestaurantInfo in any way, on any device, for any purpose, we may use information such as metadata about your use and the contents of your submissions to make RestaurantInfo more effective and efficient. When you take actions on the Site and/or App such as viewing a Resume or Work-Opportunity Posting, we may notify the user who submitted what you viewed. You hereby consent to RestaurantInfo taking these actions.

Anti-Discrimination Policy

RestaurantInfo reserves the right to remove any posting, and terminate any user account, if, in RestaurantInfo’s sole discretion, it believes a posting or user advocates discrimination of any kind. RestaurantInfo aims to foster a culture on the RestaurantInfo platform, and in the foodservice industry we serve, that is inclusive and appreciative of all persons, cultures, perspectives and orientations. You can help us foster a positive community and benefit our users by bringing to our attention any content on RestaurantInfo that you believe violates our policy of inclusion: Please do, by contacting us.

External Content

Links to websites that are owned and/or operated by third parties may appear on RestaurantInfo. RestaurantInfo is not responsible or liable for any such external, third-party websites or other content. If you choose to visit, use, or otherwise engage with such a third-party, you do so at your own risk and agree to indemnify RestaurantInfo for any damages resulting therefrom. Finally, again, please, be safe: Since RestaurantInfo cannot be responsible for any content or service provided by any such third-party, nor any aspect of any payment or payment processing involved in any relationship between you and any such third-party, be advised that you are giving them your data directly and your rights and obligations, and theirs, with respect to your relationship with such third-party is determined by the third-party’s terms of use, which are subject to change, and over which RestaurantInfo has no control nor knowledge.

Permissible and Impermissible Uses of RestaurantInfo

The only permissible use of RestaurantInfo is to research and obtain work opportunities (for our Applicants) or the services of qualified candidates (for our Employers). Use for any other purpose is hereby expressly prohibited. RestaurantInfo reserves the right to take any action necessary, including the initiation of legal proceedings without further notice, to protect itself against unauthorized, impermissible use of RestaurantInfo services. RestaurantInfo reserves the right to terminate any RestaurantInfo user account at any time for any reason. If you would like to make use of RestaurantInfo services in a way not expressly provided for here, please contact us.

Use of RestaurantInfo by Minors

RestaurantInfo is not for use by anyone under the age of 16, however, if local laws require that you be older for your use of RestaurantInfo’s services to be lawful, then that older age shall be the minimum age permissible pursuant to this Agreement as well. RestaurantInfo attempts to preclude use of RestaurantInfo by persons below the minimum age for permissible use pursuant to this Agreement. If you believe a person(s) using RestaurantInfo is younger than the minimum age required for permissible use of RestaurantInfo, please contact us.

User-Generated Content (“UGC”)

As a platform, RestaurantInfo permits users’ freely exchanging information helpful to Applicants and Employers through RestaurantInfo. Information posted or submitted to RestaurantInfo by users is called User-Generated Content (“UGC”). UGC may include opinions, advice, information, misinformation, and other statements by users. RestaurantInfo does not endorse, and is not responsible for, the contents of communications posted to RestaurantInfo by such third-parties, who are not employees of RestauantInfo. By using RestaurantInfo, you understand and acknowledge that you may come into User-Generated Content that you find offensive, untrue, harmful, misleading, and threatening, and that RestaurantInfo explicitly disclaims any and all liability for any such content.

As a user, you may not post content on RestaurantInfo that is unlawful, discriminatory, fraudulent, abusive, libelous, defamatory, obscene, or otherwise objectionable, including slurs of any kind. Only user-generated content that helps Applicants find and fulfill Work Opportunities or Employers find Applicants is permissible. All other user-generated content is prohibited. In particular, you may not post proprietary information, trade secrets, or other confidential information, nor personal identification information such as your or someone else’s social security number or any other information that may lead to identity theft or other negative consequences.

RestaurantInfo reserves the right, but disclaims any obligation, to monitor user-generated content, delete any content that in RestaurantInfo’s sole discretion violates these rules, and take any and all remedial action, including legal action with no further notice, necessary to protect RestaurantInfo for its users’ utility and enjoyment. You can help us foster a positive community and benefit our users by bringing to our attention any user-generated or other content on the Site and/or App that you believe violates these rules: Please do, by contacting us.

RestaurantInfo may also disclose user-generated content, and any information submitted to Restaurant info, and information such as metadata about users’ interaction with the RestaurantInfo platform, to any third-party for operational purposes related to managing RestaurantInfo, or to comply with legal obligations and other governmental requests, including but not limited to subpoenas, search warrants, and other requests by law enforcement or court mandate.

When you post or submit user-generated content to RestaurantInfo, you grant RestaurantInfo a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable license to use, sell, reproduce, adapt, distribute and publish such user-generated content on RestaurantInfo. Further, when you post or submit user-generated content to RestaurantInfo, you grant RestaurantInfo a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable license to use, sell, reproduce, adapt, distribute and publish such user-generated content for the purpose of promoting RestaurantInfo and its services. You also grant RestaurantInfo, and its affiliates and sublicensees, the license to use your name, username, trademarks, and other logos, to promote your user-generated content to and through third-party internet search engines.

When you post or submit user-generated content to RestaurantInfo, you represent and warrant that the user-generated content you submit or post, including that which you indirectly make available through such submissions and postings, is your own, and/or that you have the right to grant the licenses described in the previous paragraph. When you post or submit user-generated content to RestaurantInfo, you agree to hold-harmless, defend, and indemnify RestaurantInfo and its affiliates and sublicensees with regards to any and all claims arising from such user-generated content. To request a revocation of the license you grant RestaurantInfo when you post or submit user-generated content to RestaurantInfo, click here.

Finally, any feedback you provide to RestaurantInfo is subject to the aforementioned terms governing user-generated content. You additionally agree with respect to such feedback that your submission thereof is unsolicited and creates no relationship with, nor obligation by, RestaurantInfo. We may share your feedback with anyone for any reason. We may incorporate ideas you may have suggested, whether or not our idea to incorporate such an idea comes from you or someone else, inside or outside the RestaurantInfo organization, prior or subsequent to your bringing such idea to our attention. Please note that in no event will RestaurantInfo be obligated to compensate you in any way for your unsolicited and gratuitous suggestion.

Protecting the Integrity of Your User Account

You and you alone are responsible for maintaining the privacy of the password associated with your RestaurantInfo user account. Be advised that any person with your user name and password, who is able to answer security verification questions about you, can access your RestaurantInfo user account. RestaurantInfo disclaims all liability for any damages resulting therefrom, and you agree to hold harmless and indemnify RestaurantInfo for such damages.

Disclaimer of Warranties

RestaurantInfo disclaims all responsibility and liability for the all content on RestaurantInfo posted by RestaurantInfo or any user. RestaurantInfo users accept RestaurantInfo as is. It is the responsibility of each and every user to verify any information from RestaurantInfo before taking any action in reliance thereupon. Under no circumstances will RestaurantInfo be responsible for any personal injury, harm, or damage resulting to any user, or their property, as a direct or indirect result of their use of RestaurantInfo in any way whatsoever. RestaurantInfo further disclaims all responsibility and liability for any errors in data storage, erroneous transmissions of information in and through RestaurantInfo including but not limited to correspondences to and from Applicants and Employers, and/or other technical malfunctions of RestaurantInfo. By using RestaurantInfo you understand and agree that you do so at your own discretion and risk.

RESTAURANTINFO AND ITS AFFILIATES AND ITS AND THEIR LICENCEES, SUBLICENSEES, AND LICENSORS DO NOT WARRANT THAT THE RESTAURANTINFO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO RESTAURANTINFO AND ITS AFFILIATES AND ITS AND THEIR LICENCEES, SUBLICENSEES, AND LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RESTAURANTINFO. RESTAURANTINFO IS PROVIDED “AS IS” AND RESTAURANTINFO AND ITS AFFILIATES AND ITS AND THEIR LICENCEES, SUBLICENSEES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, RESTAURANTINFO AND ITS AFFILIATES AND ITS AND THEIR LICENCEES, SUBLICENSEES, AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright and Trademark Infringement Claims

Copyright and trademark owners who believe that material appearing on RestaurantInfo infringes upon their rights as such owners should please contact us by email at legal@restaurantinfo.com or by regular mail at:

RestaurantInfo, LLC/Inc./Corp.

Attn: Legal Department DMCA

104 Fountain Brook cir Suite B

Cary, NC, USA 27511

Dispute Resolution, Governing Law and Forum Selection, and Class Action Waiver

Any dispute arising out of or in connection with this Agreement will be governed by and under the laws of the state of State-name, USA. Any and all legal proceedings of any kind shall be filed only in courts located in County-name, State-name, USA. Each of the parties to this Agreement hereby consent to exclusive personal jurisdiction of the federal and/or state courts of County-name, State-name, USA. You waive any right to a jury trial in connection with any action or litigation in any way originating from or in direct or indirect connection with RestaurantInfo and/or this Agreement.

As partial consideration for your use of RestaurantInfo, you agree not to sue RestaurantInfo as part of a class-action lawsuit in any capacity. For our Applicants: you understand and agree that in exchange for using RestaurantInfo’s services otherwise free of charge, part of the “price” you pay for RestaurantInfo is your acceptance of these terms including this Class Action Waiver. Nothing in this paragraph limits your right to bring a lawsuit as an individual plaintiff in accordance with the paragraph above this one.

If you do not agree to these terms, do not use RestaurantInfo.

Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you. RestaurantInfo may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by an authorized agent of RestaurantInfo. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RestaurantInfo in any respect whatsoever.